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LIBRARY 


THE  LIBRARY 

OF 

THE  UNIVERSITY 

OF  CALIFORNIA 


CONSTITUTION 


OF 


THE     STATE    OF    UTAH 


ADOPTED  BY  THE  CONVENTION,  APRIL  27.  1882. 

RATIFIED  BY  THE  PEOPLE.  MAY  22. 

1882. 

SALT  LAKE  CITY,  UTAH. 

DESERET  NEWS   COMPANY,    PRINTERS. 

1882. 

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RESOLUTION 


Jn    ^.elation    to    a    PONSTITUTIONAL     CONVENTION, 


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Resolved,  by  the   Council  and   House    of  Representatives  of   the   Territory 
of  Utah: 
That  the  Territorial  system  is  unadapted  to  the  conditions  of  a  commu- 
tiity  numbering  many  thousands  of  citizens,  who  ought  to  enjoy  the  priv- 
ileges as  well  as  bear  their  share  of  the  burdens  of  popular  government; 

That  Utah  possesses  all  the  requisite  qualifications  to  entitle  her  to  ad- 
mission into  the  Union  as  a  free  and  sovereign  State; 

That  any  further  hindrances  on  the  part  of  Congress  to  such  admission 
would  be  unjust  and  partial,  and  unwarranted  by  any  facts  or  circum- 
stances, or  by  the  Constitution  of  the  United  States; 

That  it  is  the  right  and  the  duty  of  the  people  of  Utah  to  plead  for  and 
demand  a  republican  form  of  government,  so  that  they  and  their  poster- 
ity may  enjoy  the  blessings  and  liberties,  to  secure  which  the  founders  of 
this  great  nation  lived  and  labored,  struggled  and  died; 

That  the  citizens  of  this  Territory  have  the  right  not  only  to  assemble 
and  petition  for  redress  of  grievances,  but.also  to  meet  in  person  or  by 
authorized  delegates  for  the  purpose  of  organizing  a  State  Government,  pro- 
viding for  the  election  of  Senators  and  a  Representative  to  Congress  and 
such  State  officers  as  will  be  requisite,  and  of  taking  measures  to  secure  that 
recognition  as  an  integral  portion  of  the  United  States  of  America,  as  cir. 
cuinstances  may  render  necessary; 

That  the  people  of  Utah  are  authorized  to  meet  in  their  respective  pre- 
cincts to  consider  these  matters  and  select  delegates  to  county  conventions 
to  be  held  in  all  the  counties  in  this  Territory  for  the  purpose  of  appointing 
delegates  to  a  general  convention,  to  meet  in  the  City  Hall,  Salt  Lake  City, 
on  Monday,  the  tenth  day  of  April,  1882,  at  12  o'clock  m.  And  the  several 
counties  are  authorized  lo  send  to  said  convention  the  following  number  of 
delegates,  to  wit: 

1 

15 
5 
3 
3 
2 
8 
2 
2 
5 


Beaver, 

2 

Rich, 

Box  Elder,  . 

.     3 

Salt  Lake, 

Cache,    . 

*i 

Sanpete,    . 

Davis, 

.     8 

Sevier, 

Emery,  . 

] 

Summit,    . 

Iron  and  San  Juan,  . 

.     3 

Tooele, 

Juab,     . 

2 

Utah, 

Kane, 

2 

Wasatch  and  Uintah, 

Millard, 

.     .       2 

Washington, 

Morgan,       .               . 

.     1 

Weber, 

Piute,     . 

1 

Total, 


'"/f   /«I.3/SV 


'2 

That  said  delegates  may  be  qualified  by  any  person  authorized  to  admin- 
ister oaths  and  may  organize  by  electing  a  president  and  secretary  and  such 
other  officers  as  they  may  deem  necessary.  The  convention,  when  organ, 
ized,  may  frame  a  State  Constitution  for  the  now  Territory  of  Utah;  name 
the  proposed  State,  and  define  its  boundaries,  elect  or  appoint  delegates  to 
proceed  to  Washington  and  urge  the  claims  and  rights  of  Utah  to  Statehood, 
nominate  and  provide  for  the  election  of  a  Governor,  Legislature,  Judges, 
Secretary  and  other  State  officers,  and  a  Representative  to  Congress;  to  pro- 
vide for  a  session  of  the  Legislature  for  the  purpose  of  electing  two  United 
States  Senators;  and  said  convention  may  take  such  other  steps  and  devise 
such  other  measuers  as  may  be  considered  wise  for  the  accomplishment  of 
the  object  in  view; 

That  the  Constitution  framed  by  said  Convention  and  nominations  for 
State  and  other  officers  shall  be  submitted  to  the  people,  for  their  approval 
or  disapproval,  at  an  election  to  be  held  at  such  time  and  under*  such  regu. 
lations  and  provisions  as  said  convention  may  determine. 

JOS.  F.  SMITH, 

President  of  Council. 
Attest:  L.  JOHN  NUTTALL, 

Chief  Clerk. 

F.  M.  LYMAN, 
Speaker  of  House  of  Representatives. 
Attest:  AKTHUK  STAYNEK, 

Chief  Clerk. 


CONSTITUTIONAL  CONVENTION 


NAMES    OF    OFFICERS. 


President: 
JOSEPH  F.  SMITH. 

Vice-Presidents: 
L.  E.  HARRINGTON,  EDWARD  DALTON. 

Seci^etary:, 
ARTHUR  STAYNER. 

Assistant- Secretary: 
JUNIUS  F.  WELLS. 

Chaplain: 
WILLIAM  W.  CLUFF. 

Sergeant-at-Arins: 
B.  Y.  HAMPTON. 

Messenger: 
MILANDO  PRATT. 


NAMES    OF    DELEGATES. 


Beaver  County: 

JAS.  Mcknight,  james  lowe. 

Box  Elder  County: 
T.  W.  BREWERTON,  O.  G.  SNOW,  R.  H.  BATY. 

Cache  County: 
CHARLES   W.   NIBLEY,  G.  W.    THATCHER,  CHARLES  O.  CARD,  L 
C.  THORESEN,  JAMES  MACK,  JOSEPH  HOWELL.     • 

Davis  County: 
ARTHUR  STAYNER,  PETER  BARTON,  WM.  THURGOOD. 

JSmery  County: 
ELIAS  COX,  DAVID  WILLIAMS. 

Iron  and  San  Juan  Counties: 
EDWARD  DALTON,  SILAS  S.  SMITH,  JOHN  MYERS. 

Juab  County: 
EDWIN  HARLEY,  WM.  A.  C.  BRYAN. 

Kane  County: 
CHARLES  N.  SMITH,  L.  JOHN  NUTTALL. 

Millard  County: 
JOS.  V.  ROBINSON,  GEORGE  CRANE. 

Morgan  County: 
SAMUEL  FRANCIS. 

Piute   County: 
CULBERT  KING. 

Rich  County: 
JOS.  KIMBALL. 


iSalt  Lake  County: 

JOSEPH   F.  SMITH,  D.  H.   WELLS,  J.   T.   CAINE,  C.  W.  PENROSE, 

BEN   SHEEKS,   LE   GRANDE  YOUNG,   W.   W.  RITER,    J,   L. 

RAWLINS,  J.  R.  WINDER,  EMMELINE  B.  WELLS,  JAMES 

CRANE,  SARAH  M.  KIMBALL,  ELIZABETH  HOWARD, 

HOSEA  STOUT,  JAMES  SHARP. 

Sanyete  County: 

CHRISTIAN  N.  LUND,  J.  P.  CHRISTENSEN,  REES  R.  LLEWELLYN, 

HENRY  D.  REESE,  JOHN  H.  HOUGAARD. 

Sevier  County: 
ALBERT  D.  THURBER,  WM.  H,  SEEGMILLER,  WM.  A.  WARNOCK. 

Summit  County: 
WM.  W.  CLUFF,  WARD  E.  PACK,  ALMA  ELDREDGE. 

Tooele  County: 
WM.  C.  RYDALCH,  THOMAS  ATKIN. 

Utah  County: 

A.  O.  SMOOT,  S.  R.  THURMAN,  JOHN  S.  BOYER,  G.  D.  SNELL,  L.  E 

HARRINGTON,  J.  E.  BOOTH,  J.  S.  PAGE,  JOHN  C.  GRAHAM. 

Wasatch  and  Uintah  Counties: 
HENRY  L.  ALEXANDER,  ABRAM  HATCH. 

Washington  County: 
RICHARD  BENTLEY,  EDWIN  G.  WOOLLEY. 

Weher  County: 

F.    S.    RICHARDS,    JOSEPH    STANFORD,    N.    TANNER,    Jr.,    L.   W. 

SHURTLIFF,  F.  A.  HAMMOND. 


STANDING    COMMITTEES. 


On   Ordinance  and  Bill  of  Rights: 

D.  H.  WELLS,  J.  T.   CAINE,  SARAH  M.   KIMBALL,   V/.  W.  RITER, 
J.  L.  RAWLINS,  J.  E.  BOOTH,  HOSEA  STOUT. 

On  Legislative  Department: 

C.  W.  PENROSE,  EDWARD  DALTON,   WM.   THURGOOD,    WARD  E. 
PACK,  S.  R.  THURMAN,  C.  O.  CARD,  J.  E.  BOOTH. 

On  Executive  Department: 

FRANKLIN    S.    RICHARDS,    SAMUEL    FRANCIS,    C.    W.    NIBLEY, 

HOSEA  STOUT,  LE  GRANDE  YOUNG,  BEN  SHEEKS,  A.  HATCH. 

On  Judiciary: 

L.  E.  HARRINGTON,  A.    O.   SMOOT,  BEN  SHEEKS,    NATHAN  TAN- 
NER,   Jk.,    LE    GRANDE    YOUNG,    EDWARD    DALTON, 
D.  H.  WELLS. 

On  Municipal  and  other  Corporations: 

JOHN    T.    CAINE,    T.    W.    BREWERTON,    REES    R.    LLEWELLYN, 

JONATHAN  S.  PAGE,  JOSEPH  STANFORD,  J.  L.  RAWLINS, 

JAMES   SHARP. 

On  Finance  and  State  Debt: 

G.  W.  THATCHER,   W.   A.    C.    BRYAN,  RICHARD   BENTLEY,  JENS 

P.    R.    CHRISTENSEN,    JAMES   SHARP,    F.    A.  HAMMOND, 

W.  E.  PACK. 

On  Education: 

ARTHUR    STAYNER,    EMMELINE    B.    WELLS,    JOHN    J.    BOYER, 

J.    T.    CAINE,   JOHN   C.    GRAHAM,   JOSEPH   HOWELL, 

L.  J.  NUTTALL. 


On  Militia: 

3LDREDGE, 
D.  THURBER,  HOSE  A  STOUT. 

On  Taxation: 

W.  W.  CLUFF,  A.  HATCH,   GEORGE   CRANE,  J.  H.  HOUGAARD,  O. 

G.  SNOW,  L.  W.  SHURTLIFF,  WM.  A.  WARNOCK. 

On  Impeachment  and  Removal  from   Office: 
E.  G.    WOOLLEY,   JAMES   CRANE,   SARAH   M.    KIMBALL,   WM.  C. 
.    RYDALCH,  ISAAC  DUFFIN,  ELIAS  COX. 

On  Public   Listitutions: 
SILAS   S.  SMITH,  THOS.  ATKIN,    C.   O.   CARD,  JOSEPH    KIMBALL, 

JAMES  Mcknight,  henry  d.  rkese,  g.  d.  snell. 

On  Boundaries',  Miscallaneous  Provisions  and  Amendments: 

JAMES  LOWE,  H.    S.   ALEXANDER,    PETER  BARTON,  CHRISTIAN 
N.  LUND,  JOHN  MYERS,  I.  C.  THORESON,  W.  W.  RITER. 

On  Schedule  and  Election   Ordinance: 

A.  O.  SMOOT,  R.  H.  BATY,  EMMELINE  B.  WELLS,  EDWIN  HARLEY, 
JAMES  MACK,  JOSEPH  V.  ROBINSON,  WM.  H.  SEEGMILLER. 


SPECIAL    COMMITTEES. 


On  Revision  and  Consolidation: 

H.  WELLS,  C.  W.  PENROSE,  F.  S.  RICHARDS,  L.  E.  HARRING- 
TON, JOHN  T.  CAINE,  G.  W.  THATCHER,  A.  STAYNER,  J.  R. 
WINDER,  W\  W.  CLUFF,  E.  G.  WOOLLEY,  SILAS  S.  SMITH, 
JAMES    LOWE,   A.   O.  SMOOT,   J.  L.   RAWLINS,   BEN 
SPIEEKS,  LE  GRANDE  YOUNG,  N.  TANNER,  Jr.,  S. 
R.    THURMAN,  J.   E.   BOOTH,  JAMES  SHARP, 
W.   W.   RITER. 


On  Memorial: 

D.  H;  WELLS,  F.  S.  RICHARDS,  JOHN  T.  CAINE,  C.  W.  PENROSE, 

J.  R.  WINDER. 

On  Printing: 
CHAS.  W.  NIBLEY,  ABRAM  HATCH,  JOHN  R.  WINDER. 

General  Advisory  and  Election  Committee: 

JOS.   F.  SMITH,   D.   H.  WELLS,  F.  S.  RICHARDS,  JOHN  T.  CAINE, 
C.  W.  PENROSE,  J.  R.  WINDER,  ARTHUR  STAYNER. 


JOURNAL  OF  PROCEEDINGS. 


FIKST  DAY. 

The  Delegates-elect  to  the  State  Constitutional  Convention  assembled 
at  the  City  Hall,  Salt  Lake  City,  Monday,  April  10,  1882,  at  12  o'clock 
noon. 

Mr.  D.  H.  Wells  called  the  assembly  to  order,  and  Mr.  C.  W.  Penrose 
moved  that  Mr.  Wells  be  chosen  President  pro  tem.    Carried. 

Arthur  Stayner  was  chosen  Secretary  pro  tem. 

The  Chair  appointed  as  Committee  on  Credentials,  Messrs.  J.  T.  Caine, 
J.  E.  Booth,  W.  W.  Cluff,  F.  S.  Richards,  Edward  Dalton. 

Mr.  Caine,  Chairman  of  Committee  on  Credentials,  reported  the  follow- 
ing: 

April  10,  1882. 
Mr.  President: 

Your  Committee  on  Credentials  respectfully  report  the  following  named 
persons  representing  the  several  counties  of  the  Territory  and  entitled  to 
seata  as  Delegates  in  this  Convention. 

John  T.  Caine, 

Chairman. 

Beaver  County — James  McKnight,  James  Lowe. 

Box  Elder  County— T.  W.  Brewerton,  O.  G.  Snow,  R.  H.  Baty. 

Cache  County— Chas.  W.  Nibley,  G.  W.  Thatcher,  Chas.  O.  Card, 
I.  C.  Thoresen,  James  Mack,  Joseph  Howell. 

Davis  County— Arthur  Stayner,  Peter  Barton,  Wra.  Thurgood. 

Emery  County — Elias  Cox. 

Iron  and  San  Juan  Counties — Edward  Dalton,  Silas  S.  Smith,  John 
Myers. 

Juab  County— Edwin  Harley,  Wm.  A.  C.  Bryan. 


10 

Kane  County — Chas.  N.  Smith,  L.  John  Nuttall. 

Millard  County — Joseph  V.  Robinson,  George  Crane. 

Morgan  County — Samuel  Francis. 

Piute  County — Culbert  King. 

Eich  County — Joseph  Kimball. 

Salt  Lake  County— D.  H.  Wells,  J.  T.  Caine,  C.  W.  Penrose,  Le 
Grande  Young,  J.  R.  Winder,  Ben  Sheeks,  W^.  W.  Riter,  J.  L.  Rawlins, 
Emmeline  B.  Wells,  James  Crane,  Sarah  M.  Kimball,  Elizabeth 
Howard,  Hosea  Stout,  Joseph  F.  Smith,  James  Sharp. 

Sanpete  County — Christian  N.  Lund,  J.  P.  Christenscn,  Rees  R. 
Llewellyn,  Henry  D.  Reese,  John  H.  Hougaard. 

Sevier  County — Albert  D.  Thurber,  Wm.  H.  Seegmiller,  Wm.  A. 
Warnock. 

Summit  County— Wm.  W.  Cluff,  Ward  E.  Pack,  Alma  Eklredge. 

Tooele  County — Wm.  C.  Rydalch,  Thos.  Atkin. 

Utah  County — A.  O.  Smoot,  L.  E.  Harrington,  S.  R.  Thurman,  J.  E. 
Booth,  John  J.  Boyer,  Jon.  S.  Page,  G.  D.  Snell,  John  C.  Graham. 

Wasatch  and  Uintah  Counties — Abram  Hatch,  Henry  S.  Alexander. 

Washington  County — Richard  Bentley,  Edwin  G.  Woolley. 

Weber  County— F.  S.  Richards,  L.  W.  Shurtliff,  Joseph  Stanford,  F. 
A.  Hammond,  IST.  Tanner,  Jr. 

Report  w^as  accepted. 

A  communication  from  Mr.  Robert  Harkness  delegate-eleot  from 
Salt  Lake  County,  excusing  himself  from  acting  was  received  and  read,  and 

On  motion  of  Mr.  Penrose,  Mr.  Harkness  was  excused,  and  Mr. 
James  Sharp,  alternate,  was  substituted. 

Roll  was  called — all  present. 

Prayer  was  offered  by  Mr.  A.  0.  Smoot. 

Mr.  Penrose  moved  that  a  committee  of  seven  be  appointed  by  the 
Chair,  to  nominate  officers  for  permanent  organization.     Carried. 

The  Chair  appointed  as  said  Committee,  Messrs.  C.  W.  Penrose,  Ben 
Sheeks,  Mrs.  S.  M.  Kimball,  Messrs.  Richard  Bentley,  L.  E.  Harrington, 
G.  W.  Thatcher,  Ward  E.  Pack. 

After  which,  on  motion  of  Mr.  Booth,  the  Convention  took  recess  until 
4  o'clock  p.m. 


4  P.M. 

Mr.  Wells  in  the  chair. 
Roll  called — quorum  present. 
Mr.  Silas  S.  Smith  officiated  as  Chaplain. 

Mr.  Penrose,  Chairman  of  the  Committee  on  Permanent  Organization 
reported  as  follows: 


11 

City  Hall,  Scalt  Lake  City,  April  10,  1882. 

Mr.  President: 

Your  Committee  on  Permanent  Organization  beg  leave  to  report  the 
following  nominations  for  permanent  officers  of  this  Convention,  viz: 
For  President,  Hon.  Joseph  F.  Smith. 

For  Vice-Presidents,  Hons.  L.  E.  Harrington  and  Edward  Dalton. 
For  Secretary,  Hon .  Arthur  Stayner. 

For  Assistant  Secretaries,  Mr.  Junius  F.  Wells,  Mrs.  Elmina  S.  Taylor 
and  Mr.  L.  R.  Martineau. 

For  Chaplain,  Elder  W.  W.  Cluff. 

For  Sergeant-at- Arms,  B.  Y.  Hampton. 

For  Messenger,  Milando  Pratt. 

Respectfully  submitted, 

C.  W.  Penrose, 

Chairman. 

The  report  was  accepted  and  the  officers  named  elected. 

The  President-elect  not  being  present,  Vice-President  Harrington 
took  the  chair. 

The  roll  was  called,  and 

The  Chaplain  offered  prayer. 

Mr.  Caine,  Notary  Public,  administered  the  oath  to  the  members  and 
officers  present. 

Vice-President  Harrington  then  administered  the  oath  to  Mr.  Caine. 

Mr.  Caine  presented  the  following: 

I  move  that  the  following  list  of  Standing  Committees  be  adopted  by 
this  Convention  and  the  President  appoint  the  members  thereof:  On 
Ordinance  and  Bill  of  Rights;  on  Legislative  Department;  on  Execu- 
tive Department;  on  Judiciary;  on  Municipal  and  other  Corporations; 
on  Finance  and  State  Debt;  on  Education;  on  Militia;  on  Taxation; 
on  Impeachment  and  Removal  from  Office;  on  Public  Institutions;  on 
Boundary,  Miscellaneous  Provisions  and  Amendments;  on  Schedule  and 
Election  Ordinance. 

Pending  consideration  of  which  the  Convention  adjourned  until  Tues- 
day, at  10  o'clock  a.m. 


12 


SECO:^D  DAY. 

Ttiesday,  April  11,  1882. 


10  A.M. 


Mr.  Harrington  in  the  chair. 

Eoll  called — quorum  present. 

Prayer  by  the  Chaplain. 

Mr.  John  T.  Caine  administered  the  oath  of  office  to  Hon.  Joseph 
F.  Smith,  President,  and  Junius  F.  Wells,  Assistant  Secretary. 

President  in  the  chair. 

Journal  of  Monday  read  and  approved. 

A  motion  to  adjourn  the  Convention  until   October  was  made  and  lost* 

Mr.  Caine  renewed  his  motion  for  the  appointment  of  standing  com- 
mittees. 

Mr.  Rawlins  offered  as  an  amendment  that  one  committee  of  fifteen 
be  appointed. 

The  amendment  was  put  and  lost,  and  the  original  motion  carried. 

Mr.  Penrose  moved  that  the  number  of  members  on  each  committee 
be  not  to  exceed  seven.     Carried. 

By  request,  Mrs.  Elmina-  S.  Taylor  and  Mr.  Martineau,  Assistant 
Secretaries,  were  excused. 

The  Committee  on  Credentials  reported  that  Mr.  David  Williams  had 
been  elected,  by  a  precinct  meeting,  delegate  to  the  Convention  for  Emery 
County,  and  recommended  that,  though  the  regularly  elected  delegate  was 
already  enrolled,  under  the  peculiar  circumstances,  Mr.  Williams  be  re- 
ceived as  an  honorary  member  of  the  Convention,  with  the  right  of 
debate  but  not  to  vote. 

The  report  was  adopted  and  the  Committee  discharged. 

Mr.  Cluff  moved  that  the  national  flag  be  hoisted  daring  the  sittings  of 
the  Convention.     Carried. 

On  motion  of  Mr.  Stout,  the  Convention  adjourned  at  11.30  a.m., 
until  Wednesday  at  10  o'clock  a.m. 

Bendediction  by  the  Chaplain. 


13 


THIRD  DAY. 

Wednesday,  April  12,  1882. 


10  A.M. 


Convention  met  pursuant  to  adjournment. 

President  in  the  chair. 

Eoll  called — quorum  present. 

Prayer  by  the  Chaplain. 

Journal  of  Tuesday  read  and  approved. 

Mr.  Chas.  N.  Smith,  of  Kane  County,  was  excused,  and  Mr.  Isaac 
Duffin,  alternate,  substituted  on  the  roll. 

The  President  announced  the  standing,  committees. 

Mr.  Nibley  moved  that  a  committee  of  three  be  appointed  to  nego- 
tiate for  the  necessary  printing  ordered  by  the  Convention. 

The  motion  was  carried,  and  the  President  appointed  Messrs.  Mbley, 
Hatch  and  Winder,  Printing  Committee. 

Mr.  Rawlins  moved  that  the  chairmen  of  the  several  committees  con- 
stitute a  General  Committee  of  Thirteen,  to  whom  thereportsof  the  several 
committees  may  be  referred  for  revision  and  consolidation.     Carried. 

Mrs.  Emmeline  B.  Wells  moved  that,  in  view  of  the  unavoidable  ab- 
scence  of  Mrs.  Howard,  that  Mrs.  S.  M.  Kimball  be  substituted  on  the 
Committee  on  Ordinance  and  Bill  of  Rights.     Carried. 

On  motion  of  Mr.  Eldredge,  the  Convention  adjourned  at  11:20  a.m., 
until  Thursday  at  2  o'clock  p.m. 

Benediction  by  the  Chaplain. 


14 


FOURTH   DAY. 

Thursday,  April  13,  1882. 


2  P.M. 


Convention  assembled  pursuant  to  adjournment. 

Mr.  Harrington  in  the  chair. 

Eoll  called — quorum  present. 

Prayer  by  the  Chaplain. 

Journal  of  Wednesday  read  and  approved. 

Mr.  Richards  moved  that  the  following  named  gentlemen  be  added  to 
the  Committee  on  Revision  and  Consolidation,  viz:  Messrs.  Young,  Booth, 
Sheeks,  Thurman,  Stout,  Tanner,  Rawlins  and  Eiter.     Carried. 

The  following  committees  reported: 

On  Legislative  Department;  on  Municipal  and  other  Corporations;  on 
Finance  and  State  Debt;  on  Militia;  on  Taxation;  on  Impeachment  and 
Removal  from  Office;  on  Public  Institutions;  on  Boundaries;  on  Mis- 
cellaneous Provisions  and  Amendments. 

The  respective  reports  were  read  and  referred  to  the  Committee  on 
Revision. 

The  following  report  was  read  and  adopted: 

Salt  Lake  City,  April  13th,  1882. 

Mr.  President: 

Your  Committee  appointed  to  arrange  for  the  necessary  printing  for 
this  Convention,  respectfully  report  that  such  arrangement  has  been  made 
with  the  Deseret  News  Company,  which  has  kindly  consented  to  do  said 
printing  without  any  contract  for  compensation. 

Chas.  W.  Nibley. 

Chairman. 

On  motion  of  Mr.  Richards,  Convention  adjourned  until  Friday  at 
2  o'clock  p.m. 

Benediction  by  the  Chaplain. 


15 


FIFTH  DAY. 

Friday,  April  14,  1882. 

2  P.M. 

Convention  assembled  pursuant  to  adjournment. 

President  in  the  chair. 

Eoll  called — quorum  present. 

Prayer  by  the  Chaplain. 

Journal  of  Thursday  read  and  approved. 

The  following  committees  reported: 

On  Ordinance  and  Bill  of  Rights;  on  the  Executive  Department;  on 
Judiciary;  on  Education;  on  Schedule  and  Election  Ordinance. 

The  reports  of  the  several  committees  were  read  and  referred  fe  fe« 
Committee  on  Revision . 

On  motion  of  Mr.  Booth,  Convention  adjourned  at  2:55  p.m.,  until 
Saturday  at  10  o'clock  a.m. 

Benediction  by  the  Chaplain. 


SIXTH  DAY. 

Saturday,  April  15th,  1882. 


10  A.M. 


Convention  assembled  pursuant  to  adjournment. 

President  in  the  chair. 

Roll  called — quorum  present. 

Prayer  by  the  Chaplain. 

Journal  of  Friday  read  and  approved. 

Mr.  D.  H.  Wells,  Chairman  of  the  Committee  on  Revision,  reported 
progress  of  that  Committee,  and  asked  for  further  time  in  which  to  report 
more  fully. 

Report  accepted. 

A  discussion  having  arisen  in  regard  to  the  duties  of  the  Committee  on 
Revision, 

Mr.  Hatch  presented  the  following: 

I  move  that  the  Committee  on  Revision  and  Consolidation  be  author- 


16 

ized  to  amend,  revise  and  compile  the  reports  submitted  to  them  by 
the  Convention,  and  be  instructed  to  report  the  Constitution  at  the 
next  session  to  which  the  Convention  may  adjourn. 

Mr.  Hougaard,  delegate  from  Sanpete  County,  was  excused. 

Carried. 

On  motion  of  Mr.  Eichards,  the  Convention  adjourned  at  11:50  a.m«, 
until  Wednesday  at  2  o'clock  p.m. 
Benediction  by  the  Chaplain. 


SEVENTH   DAY. 

Wednesday,  April  19,  1882. 


2  P.M. 


Convention  assembled  pursuant  to  adjournment. 

President  in  the  chair. 

Eoll  called. 

Journal  of  April  15th  read  and  approved. 

On  motion  of  Mr.  Booth,  Mr.  Luther  T.  Tuttle,  delegate  from  Sanpete 
County,  was  sworn  in  and  enrolled. 

Mr.  Wells,  Chairman  of  the  Committee  on  Kevision,  etc.,  reported 
progress  of  that  Committee,  and  asked  for  further  time  to  make  final  re- 
port, and  stated  that  the  Committee  would  probably  be  ready  to  report  in 
three  days. 

Mr.  Hatch  moved  that  in  consideration  of  the  time  required  by  the 
Committee,  that  when  the  Convention  adjourns  it  be  until  Tuesday,  April 
25,  at  2  o'clock  p.m.     Carried. 

On  motion  of  Mr.  Caine,  the  Convention  adjourned  at  2:35  p.m.,  until 
Tuesday,  April  25,  at  2  o'clock  p.m. 

Benediction  by  the  Chaplain. 


17 


EIGHTH   DAY. 

Tuesday,  April  25th,  1882. 

2   P.M. 

Convention  met  pursuant  to  adjournment. 

President  in  the  chair. 

Roll  called — quorum  present. 

Prayer  by  the  Chaplain. 

Journal  of  April  19th  read  and  approved. 

Mr.  Page,  delegate  from  Utah  County,  was  excused,  and  Mr.  Boyle, 
alternate,  was  sworn  in  and  enrolled. 

Mr.  Wells,  Chairman  of  the  Committee  on  Revision,  etc.,  made  the 
following  report: 

Hon.  Joseph  F.  Smith,  President,  and  Members  of  the  Constitutional 
Convention: 

Gentlemen:  Your  Committee  of  twenty-one,  to  whom  was  referred  the 
duty  of  the  compilation,  revision  and  amendment  of  the  reports  of  the 
several  Committees,  with  instructions  and  authority  to  prepare  the  Constitu- 
tion in  a  form  which  your  Committee  can  recommend  for  adoption,  now 
report  that  they  have  acted  on  said  matter  as  instructed  and  authorized, 
and  present  the  accompanying  document  and  recommend  its  adoption  as 
the  Constitution  of  the  future  State  of  Utah. 

Your  Committee  also  recommend  that  the  Convention  appoint  a  com- 
mittee ef  five  to  superintend  the  details  of  the  election  for  the  ratification 
of  the  Constitution. 

Respectfully, 

Daniel  H.  Wells, 

Salt  Lake  City,  April  25th,  1882.  Chairman. 

Report  accepted  and  the  Committee  discharged. 

On  motion  of  Mr.  Rawlins,  the  Convention  went  into  Committee  of 
the  Whole  to  consider  the  ConbLltution  reported  by  the  Committee  on  Re- 
vision. 

At  3  p.m.,  the  Chairman  reported  the  proceedings  of  the  Comm'ittee  of 
the  Whole. 

Mr.  Wells  moved  that  a  committee  of  five  be  appointed  to  draft  a 
memorial  to  Congress,  to  accompany  the  Constitution.     Carried. 

On  motion  of  Mr.  Stout,  the  Convention  adjourned  at  3:30  p.m.,  until 
Wednesday,  at  10  o'clock  a.m. 

Benediction  by  the  Chaplain. 


18 


NINTH  DAY. 

Wednesday,  April  26tli,  1882. 
10  A.M. 

Convention  met  pursuant  to  adjournment. 

President  in  the  chair. 

Eoll  called — quorum  present. 

Prayer  by  the  Chaplain. 

Journal  of  the  25th  read  and  approved. 

Mr.  Woolley,  delegate  from  Washington  County,  was  excused. 

On  motion  of  Mr.  Eichards,  the  Convention  went  into  Committee  of 
the  Whole. 

At  12:20  p.m.,  the  Chairman  of  the  Committee  of  the  Whole  sub- 
mitted the  following  report: 

Salt  Lake  City,  April  27th,  1882. 

Mr.  President,  and  Members  of  the  Convention: 

Gentlemen:  The  Committee  of  the  Whole  beg  leave  to  report  that  we 
have  carefully  considered  and  amended  the  Constitution  prepared  by  the 
Committee  on  Revision,  and  herewith  present  it  to  the  Convention  and  re- 
commend its  adoption  as  amended. 

Eespectfully, 

Jos.  F.  Smfth, 

Chairman. 

Mr.  Penrose  moved  that  the  Constitution,  as  reported  by  the  Com- 
mittee of  the  Whole,  be  read  the  third  time  by  its  title.     Carried. 

The  title  was  read  and  amended. 

Mr.  Stout  moved  that  the  Constitution  be  now  passed  and  adopted. 

The  yeas  and  nays  were  then  taken. 

vl2/es— Messrs.  R.  H.  Baty,  Peter  Barton,  T.  W.  Brewerton,  W.  A.  C. 
Bryan,  J.  E.  Booth,  John  S.  Boyer,  H.  G.  Boyle,  C.  0.  Card,  Elias  Cox, 
Jno.  T.  Caine,  James  Crane,  J.  P.  Christensen,  W.  W.  Cluff,  Edward 
Dalton,  Isaac  Duffin,  Alma  Eldredge,  Samuel  Francis,  John  C.  Graham, 
Joseph  Howell,  Edwin  Harlej^,  Mrs.  Elizabeth  Howard,  Messrs.  L.  E.  Har- 
rington, Abram  Hatch,  F.  A.  Hammond,  Culbert  King,  Joseph  Kimball, 
Mrs.  Sarah  M.  Kimball,  Messrs.  James  Lowe,  Christian  N.  Lund,  R.  R. 
Llewellyn,  James  Mack,  C.  W.  Nibley,  C.  W.  Penrose,  Jos.  V.  Robinson, 
W.  W.  Riter,  Jos.  L.  Rawlins,  Henry  D.  Reese,  Wm.  C.  Rydalch,  F.  S. 
Richards,  Arthur  Stayner,  Ben  Sheeks  Hosea  Stout,  Jos.  F.  Smith, 
James  Sharp,  Wm.   H.   Seegmiller,  Geo.^  D.   Snell,  Jj.  W.  ShurtlifF,  Jos. 


19 

Stanford,  Geo.  W.  Thatcher,  I.  C.  Thoreson,  William  Thurgood,  Albert 
D.  Thurber,  S.  E.  Thurman,  Nathan  Tanner,  Jr.,  Luther  T.  Tuttle, 
Daniel  H.  Wells,  John  R.  Winder,  Mrs.  Emmeline  B.  Wells,  Le  Grande 
Young. 

Noes — None. 

Absent — Messrs.  H.  S.  Alexander,  Thos.  Atkin,  Richard  Bentley, 
George  Crane,  James  McKnight,  John  Mj^ers,  L.  John  Nuttall,  Ward  E. 
Pack,  Oliver  G.  Snow,  Silias  S.  Smith,  A.  0.  Smoot,  W.  A.  Warnock,  E. 
G.  Woolley. 

The  President  announced  the  vote  as  follows:  Ayes — 59.  Noes — None. 
Absent— 13. 

And  the  Constitution  is  therefore  adopted. 

Mr.  Riter  moved  that  three  engrossed  copies  of  the  Constitution  be 
prepared  and  signed  by  all  the  members  of  the  Convention.     Carried. 

Mr.  Thurman  moved  that  when  the  Convention  adjourn  it  be  to  meet 
at  this  place  Tuesday,  June  6,  at  2  o'clock  p.m.     Carried. 

Mr.  Richards  moved  that  five  thousand  copies  of  the  Constitution,  in 
connection  with  a  list  of  the  names  of  officers  and  members  of  the  Con- 
vention, the  standing  committees,  and  a  brief  record  of  the  daily  proceed- 
ings, be  printed  and  distributed  under  the  direction  of  the  President  and 
Secretary.     Carried. 

The  President  nominated  the  Committee  to  prepare  a  memorial  to 
Congress. 

On  motion  of  Mr.  Stout,  the  President  and  Secretary,  added  to  the 
Committee  on  Memorial,  constituted  a  committee  authorized  to  supervise 
the  election  for  the  ratification  of  the  Constitution. 

It  was  resolved  that  each  member  consider  himself  an  advisory  com- 
mittee at  large,  to  give  information  concerning  the  Constitution  and 
election,  and  to  answer  questions  relating  thereto. 

Mr.  Stout  moved  a  vote  of  thanks  to  the  President,  officers,  and 
members  of  the  Convention.     Carried. 

Mr.  Boyer  moved  a  vote  of  thanks  to  the  Deseret  News  Company,  for 
printing.     Carried. 

The^  Journal  was  read  and  approved,  and. 

On  motion  of  Mr.  Graham,  the  Convention  adjourned  at  12  o'clock,, 
noon,  until  Tuesday,  June  6,  at  2  o'clock  p.m. 

Benediction  by  the  Chaplain. 


CONSTITOTION  OF  THE  STATE  OF  UTAH. 


PREAMBLE. 


We,  the  people  of  the  State  of  Utah,  grateful  to  Almighty  God  for 
our  freedom,  in  order  to  secure  its  blessings,  insure  domestic  tranquillity 
and  form  a  more  perfect  government,  do  establish  this 

CONSTITUTION. 

Article  I.    Bill  of  Rights. 

Sec.  1.  All  men  are  possessed  of  equal  and  inalienable  natural  rights, 
among  which  are  life,  liberty  and  the  pursuit  of  happiness. 

Sec.  2.  All  free  governments  are  founded  on  the  authority  of  the 
people,  and  instituted  for  their  equal  protection  and  benefit. 

Sec   3.    The  right  of  trial  by  jury  shall  remain  forever  inviolate. 

Sec.  4.  The  right  to  worship  God,  according  to  the  dictates  of  conscience, 
shall  never  be  infringed;  nor  shall  any  person  be  compelled  to  attend  or  sup- 
port any  form  of  worship;  nor  shall  any  control  of,  or  interference  with  the 
rights  of  conscience  be  permitted,  nor  any  preference  be  given  by  law  to  any 
religious  establishment  or  mode  of  worship.  No  religious  test  or  property 
qualification  shall  be  required  for  any  ofhce  of  public  trust,  nor  for  any  vote 
at  any  election,  nor  shall  any  person  be  incompetent  to  testify  on  account  of 
religious  belief. 

Sec.  5.  The  privilege  of  the  writ  of  habeas  corpus  shall  not  be  suspended, 
unless,  when  in  cases  of  rebellion  or  invasion,  the  public  safety  may  require 
its  suspension. 

Sec  6.  Excessive  bail  shall  not  be  required,  nor  excessive  fines  im- 
posed, nor  shall  cruel  or  unusual  punishments  be  inflicted. 

Sec  7.  All  persons  shall  be  bailable  by  sufficient  sureties;  unless  for 
capital  offences,  when  the  proof  is  evident  or  the  presumption  great. 

Sec  8.  No  person  shall  be  held  to  answer  for  a  capital,  or  otherwise 
infamous  crime,  unless  on  a  presentment  or  indictment  of  a  grand  jury, 
<3xcept  in  cases  arising  in  the  land  and  naval  forces,  or  in  the  militia  when 
in  actual  service  in  time  of  war  or  public  danger,  nor  shall  any  person 
for  the  same  offence  be  twice  put  in  jeopardy;  nor  be  com- 
pelled in  any  criminal  case  to  be  witness  against  himself,  nor  be  de- 
prived of  life,  liberty,  or  property,  without  due  process  of  law;  nor  shall 
private  property  be  taken  for  public  use  without  just  compensation. 

Sec  9.    In  all  criminal  prosecutions  the  accused  shall  enjoy  the  right  to  a 


21 

speedy  and  public  trial,  by  an  impartial  jury  of  the  Stateand  district  wherein 
the  crime  shall  have  been  committed,  which  district  shall  have  been 
previously  ascertained  by  law,  and  to  be  informed  of  the  nature  and  cause  of 
the  accusation;  to  be  confronted  with  the  witnesses  against  him;  to  have 
compulsory  process  for  obtaining  witnesses  in  his  favor,  and  to  have  the 
assistance  of  counsel  for  his  defence. 

Sec.  10.  The  State  shall  pass  no  law  abridging  the  freedom  of  speech  or 
of  the  press,  or  the  right  of  the  people  peaceably  to  assemble,  and  petition 
the  government  for  the  redress  of  grievances. 

Sec.  11.    The  military  shall  be  subordinate  to  the  civil  power. 
Sec.  12.    No  soldier  shall,  in  time  of  peace,  be  quartered  in  any  house 
without  the  consent  of  the  owner,  nor  in  time  of  war,  except  in  the  manner 
to  be  prescribed  by  law. 

Sec.  13.    Representation  shall  be  apportioned  according  to  population. 
Sec.  14.    There  shall  be  no  imprisonment  for  debt,  except  in  cases  of 
fraud. 

Sec.  15  Foreigners  who  are,  or  who  may  hereafter  become,  bona  fide 
residents  of  this  State,  shall  enjoy  the  same  rights  in  respect  to  the  posses- 
sion, enjoyment,  transmission  and  inheritance  of  property  as  native  born 
citizens. 

Sec.  16.  The  right  of  the  people  to  be  secure  in  their  persons,  houses, 
papers,  and  effects,  against  unreasonable  searches  and  seizures,  shall  not  be 
violated;  and  no  warrant  shall  issue  but  on  probable  cause,  supported  by 
oath  or  affirmation,  particularly  describing  the  place  or  places  to  be 
searched,  and  the  person  or  persons,  and  thing  or  things,  to  be  seized. 

Sec.  17.  Treason  against  the  State  shall  consist  only  in  levying  war 
against  it,  adhering  to  its  enemies,  or  giving  them  aid  and  comfort.  And  no 
person  shall  be  convicted  of  treason  unless  on  the  testimony  of  two  witnesses 
to  the  same  overt  act,  or  on  confession  in  open  court. 

Sec.  18.  The  right  of  citizens  to  keep  and  bear  arms,  for  common  de- 
fence, shall  not  be  questioned. 

Sec.  19.  The  blessings  of  free  government  can  only  be  maintained  by  a 
firm  adherence  to  justice,  moderation,  temperance,  frugality  and  virtue,  and 
by  frequent  recurrence  to  fundamental  principles. 

Sec.  20.  This  enumeration  of  rights  shall  not  be  construed  to  impair  or 
deny  others  retained  by  the  people. 

Article  II.— Right  of  Sdffrage. 

Sec.  1.  Every  citizen  of  the  United  States,  not  laboring  under 
the  disabilities  named  in  this  constitution,  of  the  age  of  twenty- 
one  years  and  over,  who  shall  have  resided  in  the  State  six  months,  and  in 
the  county  thirty  days,  next  preceding  any  election,  shall  be  entitled  to  vote 
for  all  officers  that  now  are  or  hereafter  may  be  elected  by  the  people,  and 
upon  all  questions  submitted  to  the  electors  at  such  election;  Provided,  That 
no  person  who  has  been  or  may  be  convicted  of  treason  or  felony,  in  any 
State  or  Territory  of  the  United  States,  unless  restored  to  civil  rights, 
shall  be  entitled  to  the  privileges  of  an  elector. 

Sec.  2.  During  the  day  on  which  any  general  election  shall  be  held,  no 
elector  shall  be  obliged  to  perform  military  duty,  except  in  time  of  war  or 
public  danger. 

Sec.  3.    All  elections  by  the  people  shall  be  by  secret  ballot. 


22 

Sec.  4.  Provision  shall  be  made  by  law  for  the  registration  of  the 
names  of  the  electors  within  the  counties  of  which  they  may  be  residents, 
and  for  the  ascertainment,  by  proper  proofs,  of  the  persons  who  shall  be 
entitled  to  the  right  of  suffrage. 

Article  III.— Distribution  of  Powers. 

Sec.  1.  The  powers  of  the  government  of  the  State  ofjUtah  shall  be  di- 
vided into  three  separate  departments— the  legislative,  the  executive  and  the 
judicial;  and  neither  of  said  departments  shall  exercise  any  functions  apper- 
taining to  either  of  the  others,  except  in  the  cases  herein  expressly 
directed  or  permitted. 

Article  IV. — Legislative  Department. 

Sec.  1.  The  legislative  authority  of  this  State  shall  be  vested  in  a  legis- 
lature, which  shall  consist  of  a  senate  and  house  of  representatives,  and  the 
sessions  thereof  shall  be  held  at  the  seat  of  government. 

Sec.  2.  The  sessions  of  thelegislature  shall  be  biennial,  and,  except  at 
the  first  session  thereof,  shall  commence  on  the  second  Monday  in  January 
next  ensuing  the  election  of  members  of  the  house  of  representatives,  unless 
the  governor  shall  convene  the  legislature  by  proclamation. 

Sec.  3.  The  members  of  the  house  of  representatives  shall,  except  at 
the  first  election,  be  chosen  biennially,  by  the  qualified  electors  of  their  re- 
spective districts,  on  the  first  Monday  in  August,  and  their  term  of  office  shall 
be  two  years  from  the  day  next  after  their  election. 

Sec.  4.  The  senators  shall  be  chosen  by  the  qualified  electors  of  their 
respective  districts,  at  the  same  time  and  places  as  the  members  of  the  house 
of  representatives,  and  their  term  of  office  shall  be  four  years  from  the  day 
next  after  their  election,  except  as  herein  otherwise  provided. 

Sec.  5.  The  first  legislature  shall  consist  of  thirteen  senators  and  twen- 
ty-six representatives;  the  number  of  senators  and  representatives  may  be 
increased,  but  the  senators  shall  never  exceed  thirty  in  number,  and  the 
number  of  representatives  shall  never  be  less  than  twice  that  of  the  senators. 
The  apportionment  and  increase  of  the  members  of  both  houses  shall  be  as 
prescribed  by  law. 

Sec.  6.  No  person  shall  be  a  senator  who  shall  not  have  attained  the  age 
of  twenty-five  years,  nor  shall  any  person  be  a  senator  or  representative  who 
shall  not  be  a  citizen  of  the  United  States,  and  who,  except  at  the  first  elec- 
tion, shall  not  have  been  two  years  a  resident  of  this  State,  and  for  one  year 
next  preceding  his  election  a  resident  of  the  district  in  which  he  is  elected. 
No  person  holding  any  State  office  except  officers  of  the  State  Militia,  com- 
missioners of  deeds  and  notaries  public,  and  no  executive  or  judicial  officer 
shall  have  a  seat  in  the  legislature. 

Sec.  7.  The  members  of  the  legislature  shall,  before  entering  upon  their 
official  duties,  take  an  oath  or  affirmation  to  support  the  Constitution  of  the 
United  States  and  of  this  Slate,  and  faithfully  to  discharge  the  duties  of  their 
respective  offices. 

Sec.  8.  Eacli  house  shall  judge  of  the  qualifications,  elections,  and  returns 
of  its  own  members,  may  punish  them  for  disorderly  conduct,  and  with 
the  concurrence  of  two-thirds  of  its  whole  number,  expel  a  member. 

Sec.  9.    No  member  of  the  legislature  shall,  during  the  term  for  which 


23 

he  shall  have  been  elected,  be  appointed  to  any  civil  office  of  profit  under 
this  State  which  shall  have  been  created,  or  the  emoluments  of  which  shall 
have  been  increased,  during  such  term,  except  such  office  as  may  be  filled 
by  election  by  the  people. 

Sec.  10.  Members  of  the  legislature,  in  all  cases  except  treason,  felony, 
or  breach  of  the  peace,  shall  be  privileged  from  arrest  during  the  session  of 
the  legislature,  and  for  fifteen  days  next  before  the  commencement  and  after 
the  termination  thereof. 

Seo.  11.  When  a  vacancy  occurs  in  either  house,  the  governor  shall 
order  an  election  to  fill  such  vacancy. 

Sec.  12.  A.  majority  of  all  the  members  elected  to  each  house  shall  con- 
stitute a  quorum  to  transact  business,  but  a  smaller  number  may  adjourn 
from  day  to  day,  and  compel  the  attendance  of  absent  members  in  such 
manner  and  under  such  penalties  as  each  house  may  prescribe. 

Sec.  13.  Each  house  shall  establish  its  own  rules,  keep  a  journal  of  its 
own  proceedings,  and  publish  them,  except  such  parts  as  require  secrecy, 
and  the  yeas  and  nays  of  the  members  of  either  house,  on  any  question, 
shall,  at  the  desire  of  any  three  members  present,  be  entered  on  the  journal. 

Sec.  14.  The  door  of  each  house  shall  be  kept  open  during  its  session, 
except  the  senate  while  sitting  in  executive  session;  and  neither  house  shall, 
without  the  consent  of  the  other,  adjourn  for  more  than  three  days,  nor  to 
any  other  place  than  that  in  which  it  may  be  holding  session. 

Sec.  15.  The  enacting  clause  of  every  law  shall  be  as  follows:  "Be  it 
enacted  by  the  legislature  of  the  State  of  Utah." 

Sec.  16.  Any  bill  or  joint  resolution  may  originate  in  either  house  of 
the  legislature,  and  shall  be  read  three  times  in  each  house  before  the  final 
passage  thereof,  and  shall  not  become  a  law  without  the  concurrence  of  a 
majority  of  all  the  members  elected  to  each  house.  On  the  final  passage  of 
all  bills  the  vote  shall  be  by  yeas  and  nays,  which  shall  be  entered  on  the 
journal. 

Sec.  17.  No  law  shall  be  revised  or  amended  by  reference  to  its  title 
only,  but  the  act  as  revised,  or  section  as  amended,  shall  be  enacted  and 
published  at  length. 

Sec.  18.  All  bills  or  joint  resolutions  passed  by  the  legislature  shall  be 
signed  by  the  presiding  officers  of  the  respective  houses. 

Sec.  19.  The  legislature  shall  not  grant  any  special  privilege  or  bill  of 
divorce,  nor  authorize  any  lottery,  gift  enterprise  or  game  of  chance. 

Sec.  20.  No  money  shall  be  drawn  from  the  treasury  except  as  appro- 
priated by  law. 

Sec.  21.  Provision  shall  be  made  by  law  for  bringing  suit  against  the 
State. 

Sec.  22.  The  first  regular  session  of  the  legislature  may  extend  to 
one  hundred  and  twenty  days,  but  no  subsequent  regular  session  shall  ex- 
ceed sixty  days,  nor  shall  any  session  convened  by  the  governor  exceed 
twenty  days. 

Sec.  23.  The  members  and  officers  of  the  legislature  shall  receive  for 
their  services  a  compensation  to  be  fixed  by  law,  and  no  increase  of  such 
compensation  shall  take  effect  during  the  term  for  which  the  members  and 
officers  of  either  house  shall  have  been  elected. 

Sec.  24.  Every  bill  passed  by  the  legislature  shall  be  presented  to  the 
governor.  If  he  approve  it,  he  shall  sign  it,  whereupon  it  shall  become  a 
law;  but  if  not,  he  shall  return  it,  with  his  objections,  to  the  house  in  which 


24 

it  originated,  which  house  shall  cause  such  objections  to  be  entered  upon  its 
journal,  and  proceed  to  reconsider  it.  If,  after  such  consideration,  it  again 
pass  both  houses,  by  a  vote  of  two-thirds  of  the  members  elected  to  each 
house,  it  shall  become  a  law,  notwithstanding  the  governor's  objections.  If 
any  bill  shall  not  be  returned  within  five  days  after  it  shall  have  been  pre- 
sented to  him,  Sunday  excepted,  exclusive  of  the  day  on  w^hich  he  received 
it,  the  same  shall  be  law  in  like  manner  as  if  he  had  signed  it,  unless  the 
legislature,  by  its  final  adjournment,  prevent  such  return,  in  which  case  it 
shall  not  become  a  law  unless  the  governor,  within  five  days  after  the  ad- 
journment, sliall  file  such  bill,  with  his  approval  thereof,  in  the  ofiice  of 
the  secretary  of  State. 

Article  V.— Executive  Department. 

Sec.  1.  The  supreme  executive  power  of  this  State  shall  be  vested  in  a 
governor.  ^ 

Sec.  2.  The  governor  shall  be  elected  by  the  qualified  electors  at  the 
time  and  places  of  voting  for  the  members  of  the  legislature,  and  shall 
hold  his  office  for  the  term  of  two  years,  and  until  his  successor  shall  be 
qualified. 

Sec.  3.  No  person  shall  be  eligible  to  the  office  of  governor  who  is  not 
a  qualified  male  elector,  and  who,  at  the  time  of  such  election,  has  not  at- 
tainedthe  age  of  twenty-five  years,  and  who,  except  at  the  first  election 
under  this  constitution,  shall  not  have  been  a  citizen  resident  of  this  State 
for  two  years  next  preceding  the  election. 

Sec.  4.  The  governor  shall  be  commander-in-chief  of  the  military  forces 
of  this  State,  and  may  call  out  the  same  to  execute  the  laws,  suppress  insur- 
rection, and  repel  invasion;  and  when  the  governor  shall,  with  the  consent 
of  the  legislature,  be  out  of  the  State  in  time  of  war,  and  at  the  head  of  any 
military  force  thereof,  he  shall  continue  commander-in-chief  of  the  military 
forces  of  the  State. 

Sec.  5.  He  shall  transact  all  executive  business  for  and  in  behalf  of  the 
State,  and  may  require  information  in  writing  from  the  officers  of  the  exec- 
utive department,  upon  any  subject  relating  to  the  duties  of  their  respective 
offices. 

Sec.  6.  When  any  office  shall  from  any  cause  become  vacant,  and  no 
mode  is  prescribed  by  the  constitution  and  laws  for  filling  such  vacancyi 
the  governor  shall  have  power  to  fill  such  vacancy  by  appointment,  which 
shall  expire  when  such  vacancy  shall  be  filled  by  due  course  of  law. 
Sec.  7.  He  shall  see  that  the  laws  are  faithfully  executed. 
Sec.  8.  The  governor  may,  on  extraordinary  occasions,  convene  the 
legislature  by  proclamation,  and  shall  state  to  both  houses  when  organized 
the  purpose  for  which  they  have  been  convened. 

Sec.  9.  He  shall  communicate  by  message  to  the  legislature,  at  every 
regular  session,  the  condition  of  the  State,  and  recommend  such  measures 
as  he  may  deem  expedient. 

Sec.  10.  The  governor  shall  have  power  to  grant  reprieves,  commuta 
tions  and  pardons,  after  conviction,  of  all  offenses  except  impeachment, 
subject  to  such  regulations  as  may  be  provided  by  law. 

Skc.  11.  A  lieutenant-governor  shall  be  elected  at  the  same  time  and 
places  and  in  the  same  manner  as  the  governor,  and  his  terra  of  office  and 
his  eligibility  shall  also  be  the  same.  He  shall  be  the  president  of  the  senate, 
but  shall  only  have  a  casting  vote  therein.    In  case  of  impeachment  of  the 


25 

governor,  or  his  removal  from  office,  death,  inability  to  discharge  the  duties 
of  said  office,  resignation,  or  absence  from  the  State,  the  powers  and  duties 
of  the  office  sliall  devolve  upon  the  lieutenant-governor  for  the  residue  of 
the  term,  or  until  the  disability  shall  cease;  and  in  case  of  the  disability  o^ 
both  the  governor  and  lieutenant-governor,  the  powers  and  duties  of  the 
executive  shall  devolve  upon  the  secretary  of  State,  until  such  disability 
shall  cease,  or  the  vacancy  be  filled. 

Sec.  12.  A  secretary  of  State,  a  treasurer,  an  auditor,  a  surveyor- 
general,  a  superintendent  of  public  instruction,  and  an  attorney-general, 
shall  be  elected  at  the  same  time  and  places,  and  in  the  same  manner  as  the 
governor;  the  term  of  office  of  each  shall  be  the  same  as  is  prescribed 
for  the  governor.  Any  male  elector  who,  except  at  the  first  election,  shall 
have  resided  in  this  State  two  years,  next  preceding  such  eleciion,  shall  be 
eligible  to  any  of  said  offices,  except  the  secretary  of  State,  whose  qual- 
ifications shall  be  the  sama  as  those  of  the  governor. 

Sec.  13.  There  shall  be  a  seal  of  the  State,  kept  by  the  secretary  of 
State  which  shall  be  called  the  ''Great  Seal  of  the  State  of  Utah." 

Sec.  14.  All  grants  and  commissions  shall  be  in  the  nStme  and  by  the 
authority  of  the  State  of  Utah,  and  shall  be  signed  by  the  governor,  and 
countersigned  by  the  secretary  of  Slate,  who  shall  affix  the  great  seal  of  the 
State  thereto. 

Sec.  15.  The' secretary  of  State  shall  bef the  custodian  of  the  official  acts 
of  the  legislature,  and  shall  keep  a  true  record  of  the  proceedings  of  the 
executive  department  of  the  government,  and  shall,  when  required,  lay  the 
same  and  all  other  matters  relative  thereto  before  either  branch  of  the  legis- 
lature. 

Sec.  16.  The  secretary  of  State,  treasurer,  auditor  surveyor-general, 
superintendent  of  public  instruction,  and  attorney -general  shall  perform 
such  other  duties  as  may  be  prescribed  by  law. 

Sec.  17.  The  governor  shall  not,  during  the  term  for  which  he  is  elected 
and  qualified,  be  elected  to  the  Senate  of  the  United  States. 

Article  VI.— Judicial  Department. 

Sec.  1.  The  judicial  power  of  this  State  shall  be  vested  in  a  supreme 
court,  circuit  courts,  and  such  inferior  courts  as  shall  be  established  and 
whose  jurisdiction  shall  be  determined  by  law. 

Sec.  2.  The  supreme  court  shall  c(jnsist  of  a  chief  justice  and  two  asso- 
ciate justices,   a  majority  of  whom  shall  constitute  a  quorum. 

Sec.  3.  The  justices  of  the  supreme  court  shall  be  elected  by  the  qual- 
ified electors  of  the  State  at  the  general  election,  and  shall  hold  office  for  the 
term  of  six  years  from  and  including  the  first  Monday  in  January  next  suc- 
ceeding their  election;  the  senior  justice  in  commission  shall  be  chitf  justice* 
and  in  case  the  commissions  of  any  two  or  more  of  said  justices  shall  bear 
the  same  date,  they  shall  determine  by  lot  who  shall  be  chief  justice.  " 

Sec.  4.  The  supreme  court  shall  have  appellate  jurisdiction  in  all  cases 
arisingunder  the  laws  of  the  State,  including  special  proceedings.  Tlie  court 
shall  also  have  power  to  issue  writs  of  mandamus,  certiorari,  prohibition, 
quo  warranto  and  habeas  corpus,  and  also  all  writs  necessary  or  proper  to  the 
complete  exercise  of  its  appellate  jurisdiction.  Each  of  the  justices  shall 
have  power  to  issue  writs  of  habeas  corpus  to  any  part  of  the  State  upon 
petition  by  or  on  behalf  of  any  person  held  in   actual  custody,  and  may 


26 

make  such  writs  returnable  before  himself  or  the  supreme  court,  or  before 
any  circuit  court  in  the  State,  or  before  any  judge  of  said  courts. 

Sec.  5.  The  State  shall  be  divided  into  three  or  more  iudicial  circuits,  in 
each  of  which  shall  be  elected,  by  the  electors  thereof,  one  judge,  who  shall 
be  the  judge  of  the  circuit  court  therein,  and  whose  term  of  office  shall  be 
four  years,  and  until  his  successor  shall  be  elected  and  qualified.  Until  oth- 
erwise provided  by  law,  there  shall  be  three  circuits,  as  follows:  The  coun- 
ties of  Rich,  Cache,  Box  Elder,  Weber,  Davis,  Morgan  and  Summit  shal 
constitute  the  first  circuit;  the  counties  of  Salt  Lake,  Tooele,  Utah,  Juab, 
Wasatch,  Uintah,  Sanpete  and  Emery  shall  constitute  the  second  circuit; 
and  the  counties  of  Sevier,  Millard,  Beaver,  Piute,  San  Juan,  Garfield,  Iron, 
Washington  and  Kane  shall  constitute  the  third  circuit. 

Sec.  6.  The  circuit  courts  shall  have  both  chancery  and  common  law 
jurisdiction,  and  such  other  jurisdiction,  both  original  and  appellate,  as  may 
be  prescribed  by  law;  Provided,  That  nothing  herein  shall  be  so  construed  as 
to  prevent  the  legislature  rom  cenferring  limited  common  law  or  chancery 
jurisdictiou  upon  inferior  courts. 

Sec.  7.  The*  judges  of  the  circuit  courts  may  hold  court  for  each  other, 
and  shall  do  so  when  required  by  law. 

Sec.  8.  The  judges  of  the  supreme  and  circuit  courts  shall  be  ineligible 
to  election  to  any  other  than  a  judicial  office. 

Sec.  9.  No  person  shall  be  eligible  to  the  office  of  supreme  or  circuit 
judge  who  is  not  a  male  citizen  of  the  United  States,  and  has  not  attained 
the  age  of  twenty-five  years,  and  who,  except  at  the  first  election,  has  not 
been  a  resident  of  this  State  at  least  two  years  next  preceding  his  election. 

Sec.  10.  The  judges  of  the  supreme  and  circuit  courts  shall  each  receive 
for  his  services  a  salary  to  be  fixed  by  law,  which  shall  not  be  diminished 
for  the  term  for  which  he  shall  have  been  elected. 

Sec.  11.  There  shall  be  one  or  more  terms  of  the  circuit  court  held 
annually  at  the  county  seat  in  each  county,  at  such  times  as  shall  be  prescribed 
bylaw;  Provided^  That  two  or  more  counties  may  be  consolidated  for  judicial 
purposes. 

Sec.  12.  The  supreme  court  shall  be  always  open  for  business,  except 
in  cases  of  adjournment  which,  in  no  case,  shall  exceed  thirty  days,  nor 
shall  any  adjournment  be  taken  while  business  requires  the  court  to  be  in 
session.     Its  sessions  shall  be  held  at  the  seat  of  government. 

Sec.  13.  The  style  of  all  process  shall  be  "The  State  of  Utah,"  and  all 
prosecutions  shall  be  conducted  in  the  name  and  by  the  authority  of  the 
same. 

Article  YJ  I. —Impeachment. 

Sec.  1.  The  house  of  representatives  shall  have  the  sole  power  of  im- 
peachment, and  all  impeachments  shall  be  tried  by  the  senate.  When 
sitting  as  a  court  of  impeachment,  ihe  senators  shall  be  upon  oath  or  affir- 
mation to  do  justice  according  to  law  and  evidence,  and  no  person  shall  be 
convicted  without  the  concurrence  of  two  thirds  of  all  the  members. 

Sec.  2.  The  governor,  judges  of  the  supreme  and  circuit  courts,  and 
other  state  officers  shall  be  liable  to  impeachment.  When  the  governor  or 
lieutenant  governor  is  tried,  the  chief  justice  of  the  supreme  court  shall  pre- 
side, and  in  all  cases  judgment  shall  extend  only  to  removal  from  office  and 
disqualification  to  hold  any  office  of  honor,  trust  or  profit  under  this  State, 


27 

but  the  party  convicted  or  acquitted  shall  nevertheless  be  liable  to  indict- 
ment, trial  and  punishment  according  to  law. 

Sec.  3.  When  an  impeachment  is  directed,  the  house  of  representatives 
shall  elect  from  their  own  body  three  members,  whose  duty  it  shall  be  to  pros- 
ecute such  impeachment.  No  impeachment  shall  be  tried  until  the  final 
adjournment  of  the  legislature,  when  the  senate  shall  proceed  to  try  the  same. 

Sec.  4.  In  all  impeachment  trials  the  accused  shall  have  the  right  to 
appear,  and  in  person,  and  by  counsel,  to  demand  the  nature  and  cause  of 
the  accusation,  and  to  have  a  copy  thereof;  to  meet  the  witnesses  face  to  face, 
and  to  have  process  to  compel  the  attendance  of  witnesses  in  his  behalf. 

Sec.  5.  All  State  officers  shall  be  liable  to  impeachment  for  corrupt  con- 
duct in  office,  for  immoral  conduct,  for  habitual  drunkenness,  and  for  any  act 
which,  by  the  laws  of  the  State,  may  be  made  a  felony. 

Sec.  6.  The  legislature  shall  provide  by  law  for  the  removal  of  any 
ofllcer  elected  by  a  district,  county,  precinct  or  school  district. 

Article  VIII.— Municipal  and  other  Corporations. 

Sec.  1.  The  legislature  shall  pass  no  special  act  conferring  corporate 
powers. 

Sec.  2.  The  legislature  shall  provide  for  the  organization  of  cities, 
towns  and  villages,  by  general  laws,  and  restrict  their  powers  of  taxation, 
assessment,  borrowing  money,  contracting  debts  and  loaning  their  credit; 
but  for  sanitary  purposes  and  procuring  supplies  of  water  for  irrigation 
and  other  purposes,  municipal  corporations  may  borrow  money  to  such 
amount  as  may  be  determined  by  a  two-thirds  vote  of  the  electors  thereof. 

Sec.  3.  The  legislature  shall  provide,  by  general  laws,  for  the  organiza- 
tion of  private  corporations. 

Sec.  4.  This  State  shall  not  donate  or  loan  money,  or  its  credit,  sub- 
scribe to,  or  be  interested  in,  the  stock  of  any  company,  association  or 
corporation,  except  corporations  formed  for  educational,  charitable, 
reformatory  or  irrigation  purposes,  which  are  to  be  and  remain  under  the 
patronage  and  control  of  the  State. 

Article  IX. — Finance  and  State  Debt. 

Sec.  1.  The  legislature  shall  provide  by  law  for  an  annual  tax,  sufficient 
to  defray  the  expenses  of  the  State. 

Sec.  2.  The  State  shall  not  assume  or  guarantee  the  debts  of  any  county, 
city,  town,  village  or  private  corporation  nor  loan  money  or  its  credit  to  or 
in  aid  of  any  individual. 

Article  X.— Taxation. 

Sec.  1.  The  legislature  shall  by  law  provide  for  a  uniform  and  equal 
rate  of  taxation,  and  shall  prescribe  such  regulations  as  shall  secure  a 
just  valuation  for  taxation  of  all  property,  real,  personal  and  posses- 
sory; Pi^ovided,  that  mines  and  mining  claims  bearing  gold,  silver,  and 
other  precious  metals,  except  the  net  proceeds  and  surface  improvements 
thereof,  shall  be  exempt  from  taxation  for  the  period  of  ten  years  from  the 
date  of  the  adoption  of  this  constitution,  and  thereafter  may  be  taxed  as  pro- 
vided by  law. 


28 

Sec.  2.  The  property  of  the  United  States,  and  the  property  of  this  State, 
shall  be  exempt  from  taxation,  and  such  property  as  may  belong  to  anj^ 
county  or  municipal  corporation  or  as  may  be  used  exclusively  for 
agricultural,  horticultural,  and  scientific  societies,  or  for  school,  religious, 
cemetery,  or  charitable  purposes,  may  be  exempt  from  taxation,  but  such 
exemptions  shall  be  only  by  general  law. 

Sec.  3.  The  legislature  shall  not  impose  taxes  for  the  purpose  of  any 
county,  city,  town,  or  other  corporation,  but  may  by  law  vest  in  the  corpor- 
ate authorities  thereof  respectively  the  power  to  assess  and  collect  taxes  for 
all  purposes  of  such  corporations. 

Sec.  4.  The  property  of  non-residents  shall  never  be  taxed  higher  than 
that  of  residents. 

Article  XI. — Education, 

Sec.  1.  The  legislature  shall  provide  for  a  uniform  system  of  public 
schools,  and  may  establish  free  schools.  Provided,  That  no  sectarian  or 
denominational  doctrines  shall  be  taught  in  any  school  supported  in  whole 
or  in  part  by  public  funds. 

Sec.  2.  All  legislation  in  regard  to  education  shall  be  impartial,  guaran- 
teeing to  all  persons  of  every  race,  color  and  religion,  equal  rights  and  privi- 
leges. 

Sec.  3.  The  proceeds  of  all  lands  that  have  been  or  may  be  granted 'by 
theUnited  States  to  this  State  for  the  support  of  schools,  shall  be  and  remain 
a  perpetual  fund,  the  interest  of  which,  together  with  all  the  rents  of  the  un- 
sold lands,  and  such  other  means  as  the  legislature  may  provide,  shall  be 
inviolably  appropriated  to  the  support  of  the  public  schools  throughout  the 
State. 

Sec.  4.  The  University  of  Deseret  shall  be  the  University  of  this  State, 
and  be  under  the  control  of  the  legislature,  and  constitute  a  public  trust. 
The  proceeds  of  all  lands  that  have  been  granted  by  Congress  for  univer- 
sity purposes,  shall  be  and  remain  a  perpetual  fund,  the  interest  of 
which,  together  with  the  rents  of  unsold  lands,  shall  be  appropriated  to  the 
support  of  said  university. 

Sec.  5.  No  religious  sect  or  denomination  shall  ever  control  or  appro- 
priate to  its  own  use,  any  of  the  public  school  or]university  funds  of  the  State. 

Akticle  XII.— Militia. 

Sec.  1.  The  militia  of  the  State  shall  be  composed  of  all  able-bodied 
male  citizens  between  the  ages  of  eighteen  and  forty-five  years,  except  such 
as  are,  or  may  hereafter  be,  exempted  by  the  laws  of  the 
United  States  or  of  this  State,  and  shall  be  armed,  equipped  and  disciplined 
as  the  legislature  may  provide  by  law. 

Sec.  2.  All  officers  of  the  militia  shall  be  elected  by  persons  liable  to 
military  duty,  in  such  manner  as  the  Legislature  may  provide.  Stafi  officers 
shall  be  chosen  from  officers  of  the  line. 

Article  XIII. — Public  Institutions. 

Sec.  1.  Institutions  for  the  benefit  of  the  insane,  and  such  other  benev- 
olent institutions  as  the  public  good  may  require,  shall  be  fostered  and  sup- 
ported by  the  State. 


29 

Sec.  2.  A  State  prison  shall  be  established  and  maintained  in  such  man- 
ner as  may  be  prescribed  by  law. 

Sec.  3.  The  respective  counties  of  the  State  shall  provide,  as  may  be 
prescribed  by  law,  for  those  inhabitants  who,  by  reason  of  age  and  infirmity, 
or  misfortunes,  may  have  claim  upon  the  sympathy  and  aid  of  society. 

Article  XIV.— Boundary. 

The  boundary  of  the  State  of  Utah  shall  be  as  follows: 
Commencing  at  a  point  formed  by  the  intersection  of  the  thirty-second 
degree  of  longitude  west  from  Washington,  with  the  thirty-seventh  degree 
of  north  latitude,  thence  due  west  along  said  thirty-seventh  degree  of  north 
latitude  to  the  intersection  of  the  same  with  the  thirty-seventh  degree  of 
longitude  west  from  Washington;  thence  due  north  along  said  thirty-seventh 
degree  west  longitude  to  the  intersection  of  the  same  with  the  forty-second 
degree  of  north  latitude,  thence  due  east  along  said  forty-second  degree  of 
north  latitude  to  the  intersection  of  the  t^ame  with  the  thirty-fourth  degree 
of  longitude  west  from  Washington;  thence  due  south  along  said  thirty- 
fourth  degree  of  west  longitude  lothe  intersection  of  the  same  with  the 
forty- first  degree  of  north  latitude;  thence  due  east  along  said  forty-firs,t  de- 
gree of  north  latitude  to  the  iulersection  of  the  same  with  the  thirty-second 
degree  of  longitude  west  from  Washmgton;  thence  due  south  along  said 
thirty-second  degree  west  longitude  to  the  place  of  beginning. 

Article  XV. — Miscellaneous  Provisions, 

Sec.  1.  The  seat  of  government  shall  be  at  Salt  Lake  City,  or  such  place 
as  the  legislature  may  determine. 

Sec.  2.  No  person  shall  be  eligible  to  any  elective  office  who  is  not  a 
qualified  elector,  and  no  female  citizen  shall  be  eligible  to  serve  as  juror. 

Sec.  3.  The  general  election  shall  be  held  on  the  first  Monday  in 
August  of  each  year,  unless  otherwise  provided  by  law. 

Sec.  4.  The  legislature  shall  provide  for  the  speedy  publication  of  all 
laws. 

Sec.  5.  The  compensation  of  all  State  officers  shall  be  as  prescribed  by 
law;  Pi'ovided^  No  change  of  salary  or  compensation  shall  apply  to  any 
officer,  except  a  judge  of  the  supreme  or  circuit  court,  during  the  term  for 
which  he  may  have  been  elected. 

Sec.  6.  All  executive  officers  of  the  State  shall  keep  their  respective 
offices  at  the  seat  of  government. 

Sec.  7.  A  plurality  of  votes  given  at  any  election  by  the  people  shall 
constitute  a  choice,  where  not  otherwise  provided  by  the  constitution. 

Sec.  8.  No  person  holding  any  office  of  honor  or  profit  under  the  gov- 
ernment of  the  United  States,  shall  hold  office  under  the  government  of  this 
State,  except  postmasters  whose  annual  compensation  does  not  exceed  three 
hundred  dollars,  and  except  as  otherwise  provided  in  the  constitution. 

Sec.  9.  1"he  returns  of  every  election,  except  the  first  for  governor  and 
other  State  officers,  shall  be  sealed  up  and  transmitted  to  the  seat  of  govern- 
ment by  the  returning  officers,  directed  to  the  president  of  the  senate,  who,  dur" 
ing  the  first  week  of  the  session,  shall  open  and  publish  tliem,  and  declare  the 
result  in  the  presence  of  a  majority  of  the  members  of  each  house  of  the 
legislature.    The  person  having  the  highest  number  of  votes  shall  be  de- 


30 

clared  duly  elected,  but  if  any  two  or  more  shall  be  highest  and  equal  in 
numbers  of  votes  for  the  same  office,  one  of  them  shall  be  chosen  by  the 
"joint  vote  of  both  houses. 

Sec.  10.  All  officers,  executive,  judicial  and  ministerial,  shall? 
before  they  enter  upon  the  duties  of  their  respective  offices,  take 
and  subscribe  to  the  following  oath  or  affirmation:    I  do    solemnly 

swear  (or  affirm)  that  I  will  support  the  Constitution  of  the  United 
States,  and  of  the  State  of  Utah,  and  will  faithfully  discharge  the  duties  of 
the  office  of  ,  according  to  the  best  of  my  ability. 

Sec.  11.  Until  otherwise  provided  by  law,  the  several  counties,  as  they 
now  exist,  are  hereby  recognized  as  legal  subdivisions  of  this  State. 

Sec.  12.  All  property,  real  and  personal,  owned  by  either  husband  or 
wife  before  marriage,  and  that  acquired  by  either  of  them  afterwards,  by 
purchase,  gift,  devise  or  descent,  shall  be  the  separate  property  of  each. 

Article  XVI. — Amendments.    • 

Sec.  1.  Any  amendment  or  amendments  to  this  constitution,  if  agreed 
to  by  a  majority  of  all  the  members  elected  to  each  of  the  two  houses  of  the 
legislature,  shall  be  entered  on  their  respective  journals,  with  the  yeas  and 
nays  taken  thereon,  and  referred  to  the  legislature  then  next  to  be  elected, 
and  shall  be  published  for  three  months  next  preceding  the  time  of 
such  election,  and  if  in  the  legislature  next  elected  as  aforesaid,  such  proposed 
amendment  or  amendments  shall  be  agreed  to  by  a  majorityof  all  the  mem- 
bers elected  to  each  house,  then  it  shall  be  the  "duty  of  the  legislature  to  sub- 
mit such  proposed  amendment  or  amendments  to  the  people,  in  such  manner 
and  at  such  time  as  the  legislature  shall  prescribe,  and  if  the  people  shall 
approve  and  ratify  such  amendment  or  amendments,  by  a  majority  of  the 
qualified  electors  voting  thereon,  such  amendment  or  amendments  shall  be- 
come a  part  of  the  constitution. 

Sec.  2.  If  at  any  time  the  legislature,  by  a  vote  of  two-thirds  of  the 
members  elected  to  each  house,  shall  determine  that  it  is  necessary  to  cause  a 
revision  of  this  constitution,  the  electors,  shall  vote  at  the  next  election 
for  members  of  the  legislature,  for  or  against  a  convention  for 
that  purpose,  and  if  it  shall  appear  that  a  majority  of  the  elector^ 
voting  at  such  election  shall  have  voted  in  favor  of  calling  a  con- 
vention, the  legislature  shall,  at  its  next  session,  provide  by  law  for  calling  a 
convention,  to  be  held  within  six  months  after  the  passage  of  such  law; 
and  such  convention  shall  consist  of  a  number  of  members  not  less  than 
that  of  the  two  branches  of  the  legislature. 

Article  XVII.— Schedule  and  Election. 

Sec.  1.  That  no  inconvenience  may  arise  by  reason  of  a  change  from  a 
territorial  to  a  State  goverimient,  it  is  declared  that  all  rights,  actions,  prose- 
cutions, judgments,  claims  and  contracts,  as  well  of  individuals  as  of  bodies 
corporate,  both  public  and  private,  shall  continue  as  if  no  change  had  taken 
place,  and  all  process  which  may  issue  under  the  authority  of  the  Territory 
of  Utah  previous  to  its  admission  into  the  Union  shall  be  as  valid  as  if  issued 
in  the  name  of  the  State  of  Utah.  ^ 

Sec.  2.  All  laws  of  the  Territory  of  Utah,  in  force  at  the  time  of  the 
admission  of  this  State,  not  repugnant  to  this  constitution,  shall  remain  in 


31 

force  until  they  expire  by  their  own  limitations,  or  are  altered  or  repealed  by 
the  legislature. 

Sec.  3.  All  fines,  penalties  and  forfeitures  accruing  to  the  Territory  of 
Utah,  or  to  the  people  of  the  United  States  in  the  Territory  of  Utah,  shall 
inure  to  this  State,  and  all  debts,  liabilities  and  obligations  of  said  Territory, 
shall  be  valid  sgainst  the  State,  and  enforced  as  may  be  provided  by  law. 

Sec.  4.  All  recognizances  heretofore  taken,  or  which  may  be  taken  be, 
fore  the  change  from  a  territorial  to  a  State  government,  shall  remain  valid- 
and  shall  pass  to  and  be  prosecuted  in  the  name  of  the  State;  and  all  bonds 
executed  to  the  governor  of  the  Territory,  or  to  any  other  officer  or  court,  in 
his  or  their  ofiicial  capacity,  or  to  the  people  of  the  United  States  in  the 
Territory  of  Utah,  shall  pass  to  the  governor  or  other  ofiicer  or  court,  and 
his  or  their  successors  in  office,  for  the  uses  therein  respectively  expressed 
and  may  be  sued  on  and  recovery  had  accordingly;  and  all  revenue,  prop- 
erty, real,  personal,  or  mixed,  and  all  judgments,  bonds,  specialties,  choses 
in  action,  claims  and  debts,  of  whatsoever  description,  and  all  records  and 
public  archives  of  the  Territory  of  Utah,  shall  issue  and  vest  in  the  State  of 
Utah,  and  may  be  sued  for  and  recovered  in  the  same  manner  and  to  the 
same  extent  by  the  State  of  Utah  as  the  same  could  have  been  by  the  Terri- 
tory of  Utah.  All  criminal  prosecutions  and  penal  actions  which  may  have 
arisen,  or  which  may  arise  before  the  change  from  a  territorial  to  a  State 
government,  and  which  shall  then  be  pending,  shall  be  prosecuted  to 
judgment  and  execution  in  the  name  of  the  State.  All  offences  committed 
against  the  laws  of  ihe  Territory  of  Utah  before  the  change  from  a  territo- 
rial to  a  State  government,  and  which  shall  not  be  prosecuted  before  such 
change,  may  be  prosecuted  in  the  name  and  by  the  authority  of  the  State 
of  Utah,  with  like  effect  as  though  such  change  had  not  taken  place;  and  all 
penalties  incurred  shall  remain  the  Ssame  as  if  this  constitution  had  not  been 
adopted.  All  actions  at  law  and  suits  in  equity,  and  other  legal  proceedings 
w^hich  may  be  pending  in  any  of  the  courts  of  the  Territory  of  Utah  at  the 
time  of  the  change  from  a  territorial  to  a  State  government,  may  be  contin- 
ued and  transferred  to  and  determined  by  any  court  of  the  State  havsng 
iurisdiction;  and  all  books,  papers  and  records  relating  to  the  same  shall  be 
transferred^in  like  manner  to  such  court. 

Sec.  5.  For  the  purpose  of  taking  the  vote  of  the  electors  of  this  Terri- 
tory for  the  ratification  or  rejection  of  this  constitution,  a  special  election 
shall  be  held  in  the  several  counties  of  this  Territory,  on  Monday,  the 
twenty-second  day  of  May,  A.D.  1882,  which  shall  be  conducted  in  the  fol- 
lowing manner:  The  county  clerks  of  the  several  counties  shall  cause 
notices  of  said  election  to  be  posted  up  in  each  election  precinct  in  said  county, 
at  least  ten  days  before  the  di'. 3' of  said  election.  The  senior  justice  of  the 
peace  of  each  precinct  shall  act  us  judge  of  said  election,  or  in  case  of  his 
absence  or  inability  to  act,  a  judjj^e  may  be  elected  by  the  six  electors  first 
assembled  at  the  polls.  The  judge  shall  appoint  a  clerk,  whose  duty  it  shall 
be  to  keep  a  list  of  the  names  of  all  persons  voting,  which  list  shall  '  form 
a  part  of  the  returns  of  said  elcccion.  All  votes  cast  shall  first  be  delivered 
by  the  elector  to  the  judge,  who  shall  deposit  the  same  in  the  ballot  box  in 
the  presence  of  the  elector  and  clerk.  Ballot  boxes  and  stationery  shall  be 
furnished  by  the  county  court,  and  the  canvassing  of  votes  and  returns  of 
said  election  of  the  several  precincts  shall  be  as  provided  in  an  act  entitled 
"An  Act  providing  for  the  registration  of  voters,  and  to  further  regulate  the 
manner  of  conducting  elections  in  this  Territory,"  approved  February  22d, 


32 

1878,  except  as  herein  otherwise  provided.  The  term  elector,  as  used  in  this 
section,  shall  be  understood  to  mean  any  citizen  of  the  United  States,  over 
twenty-one  years  of  age,  residing  in  the  Territory. 

Sec.  6.  Each  elector  shall  vote  by  a  ballot,  whereon  shall  be  written  or 
printed  "Constitution,  yes,"  or  "Constitution,  no." 

Sec.  7.  The  county  clerks  of  their  respective  counties  shall  forthwith 
make  returns  of  said  election,  and  transmit  the  same  by  the  most  safe  and 
expeditious  conveyance,  to  Arthur  Stayner,  the  secretary  of  this  convention, 
enclosed  in  an  envelope  marked  "Election  Returns." 

Sec.  8.  Upon  receipt  of  said  returns,  or  within  fourteen  days  after  the 
election,  if  the  returns  be  not  sooner  received,  it  shall  be  the  duty  of  a  board 
of  canvassers,  to  consist  of  the  i^resident  and  secretary  of  this  convention, 
and  the  probate  judge  of  Salt  Lake  County,  or  any  two  of  the  persons  herein 
named,  to  canvass  the  returns  of  said  election  in  presence  of  all  who  may 
choose  to  attend,  and  immediately  publish  an  abstract  of  the  same  in  one 
or  more  of  the  newspapers  in  the  Territoiy  of  Utah,  and  forward  a  copy  of 
said  abstract,  duly  certified  by  them,  to  the  President  of  the  Senate,  Speaker 
of  the  House  of  Representatives,  and  the  Delegate  in  Congress  from  Utah 
Territory. 

Sec.  9.  Until  otherwise  provided  by  law,  the  apportionment  of  senators 
and  representatives  in  the  different  counties  shall  be  as  follows:  Cache,  Rich, 
Box  Elder  and  Weber  counties,  shall  elect  three  senators  to  the  legislature; 
Wasatch,  Uintah,  Summit  and  Morgan  counties,  one;  Salt  Lake,  Davis 
and  Tooele  counties,  four;  Utah  and  Juab  counties,  two;  Sanpete, 
Sevier  and  Emery  counties,  one;  Millard,  Beaver,  Iron,  Gartield 
and  Piute  counties,  one;  Washington,  Kane  and  San  Juan  counties, 
one;  Cache  and  Rich  counties  shall  elect  three  representatives  to  the  legisla- 
ture; Box  Elder  County,  one;  Weber  County,  two;  Wasatch  and  Uintah 
counties,  one;  Summit  County,  one;  Morgan,  Salt  Lake  and  Davis  coun- 
ties, seven;  Tooele  County,  one;  Utah  and  Juab  counties,  four;  Sanpete, 
Sevier  and  Emery  counties,  two;  Millard  County,  one;  Beaver  and  Piute 
counties,  one;  Iron,  Garfield  and  San  Juan  counties,  one;  Washington  and 
Kane  counties,  one. 

Sec.  10.  A  copy  of  this  constitution,  certified  to  be  correct  by  the  presi- 
dent and  secretary  of  this  convention,  shall  be  published  by  them  as  soon 
as  practicable  in  one  or  more  of  the  newspapers  in  this  Territory.  Such 
president  and  secretary  shall,  immediately  after  its  ratification ,  forward  a 
copy  of  this  constitution,  duly  certified,  to  the  President  of  the  United 
States,  President  of  the  Senate  and  Speaker  of  the  House  of  Representatives, 
and  shall  deliver  or  forward  a  copy,  certified  as  aforesaid,  to  each  of  the  del- 
egates who  may  hereafter  be  elected  by  this  convention. 

Sec.  11.  The  term  of  State  officers,  except  judicial,  elected  at  the  first 
election,  shall  continue  from  the  time  of  qualification  until  the  expiration 
of  two  years  from  the  first  Monday  in  January  next  succeeding  their  election 
and  until  the  election  and  qualification  of  their  successors. 

Sec.  J  2.  The  State  senators  to  be  elected  at  the  first  election  under  this 
constitution,  shall  draw  lots,  so  that  the  term  of  one-half  of  the  number,  as 
nearly  as  may  be,  shall  expire  at  the  end  of  one  year  from  the  first  Monday 
in  August,  next  succeeding  their  election,  and  the  term  of  the  other  half 
shall  expire  in  three  years  from  the  first  Monday  in  August  next  succeeding 
their  election,  so  that  one-half,  as  nearly  as  possible,  shall  be  elected  b- 
ennially  thereafter.       Provided,    That  in  drawing  lots  for  all   senatoria 


33 

terms,  the  senatorial  representation  shall  be  allotted  so  that  in  the  counties 
having  two  or  more  senators,  the  terms  thereof  shall  be  divided  as  equally 
as  may  be  between  the  long  and  short  terms,  and  in  case  of  increase  in  the 
number  of  senators  they  shall  be  so  annexed  by  lot  to  one  or  the  other  of  the 
two  classes  as  to  keep  them  as  nearly  equal  as  practicable. 

Sec.  13.  The  term  of  members  of  the  house  of  representatives  elected 
at  the  first  election  shall  expire  at  the  end  of  one  year  from  the  first  Monday 
in  August  next  succeeding  their  election. 

Sec.  14.  Unless  otherwise  provided  by  Congress,  the  first  election  under 
this  constitution  shall  be  held  on  the  first  Mond^ay  in  the  second  month  next 
succeeding  the  passage  of  an  enabling  act  or  the  approval  of  this  constitu- 
tion by  Congress,  and  sucli  election  shall  be  conducted  and  returns  thereof 
made  and  the  qualifications  of  electors  shall  be  as  herein  provided  for 
the  ratification  or  rejection  of  this  constitution.  The  first  session  of  the 
Legislature  shall  commence,  and  all  officers  herein  provided  for  shall  enter 
upon  the  duties  of  their  respective  offices,  on  the  first  Monday  of 'the  second 
month  next  succeeding  said  election. 

Sec.  15.  There  shall  be  elected  at  the  first  election,  under  this  con- 
stitution, three  justices  of  the  supreme  court,  who  shall  hold  office 
from  and  including  the  last  Monday  in  the  month  next  succeeding  their  elec- 
tion,and  continue  in  office  thereafter,  two,  four  and  six  years  respeccively,f rom 
and  including  the  first  Monday  in  January  next  succeeding  their  election. 
They  shall  meet  as  soon  as  practicable  after  their  election  and  qualification, 
and,  at  their  first  meeting,  shall  determine  by  lot  the  term  of 
office  each  shall  fill,  and  the  justice  drawing  the  shortest  term  shall  be  chief 
justice,  and  after  the  expiration  of  his  term,  the  one  having  the  next  shortest 
term  shall  be  chief  justice. 

Sec.  16.  All  officers  under  the  laws  of  the  Territory  of  Utah,  at  tliiie 
time  this  constitution  shall  take  effect,  shall  continue  in  office  until  their 
successors  are  elected  and  qualified.  The  time  of  such  election  and  qualifica- 
tion shall  be  as  prescribed  by  law. 

Sec.  17.  After  the  admission  of  this  State  into  the  Union,  and  until  the 
legislature  shall  otherwise  provide,  the  several  judges  shall  hold  courts  in 
their  respective  circuits  at  such  times  and  places  as  they  may  respectively 
appoint;  and  until  provisions  shall  be  made  by  law  for  holding  the  terms  of 
the  supreme  court,  the  governor  shall  fix  the  time  and  place  of  holding  such 
court. 

We  hereby  certify  that  the  foregoing  Constitution  was  adopted  in  con- 
vention, at  Salt  Lake  City,  the  twenty-seventh  day  of  April,  in  the  year 
of  our  Lord  one  thousand  eight  hundred  and  eighty-two,  and  of  the  inde- 
pendence of  the  United  States  the  one  hundred  aud  sixth. 

Jos.  F.  Smith, 

President, 
Arthur  Stayner, 

Secretary. 
Salt  Lake  City,  April  27,  1882. 


85 


ADJOURNED    SESSION. 


TENTH  DAY. 

City  Hall,  Salt  Lake  City,  Tuesday,  June  6,  1882. 

Convention  met  pursuant  to  adjournment. 

President  in  the  chair. 

Koll  called — quorum  present.  ' 

Prayer  by  Mr.  James  Crane. 

The  following  named  delegates  being  unable  to  attend,  were  excused 
from  the  present  session  of  the  Convention: 

Messrs.  James  Lowe,  Beaver  County;  W.  H.  Seegmiller,  Sevier  County; 
Jos.  V.  Eobinson,  Millard  County,  and  the  following  alternate  delegates 
were  enrolled  and  sworn  in:  Messrs.  Daniel  Tyler,  Beaver  County;  Gideon 
A.  Murdock,  Sevier  Oonnty;  Wm.  Haslam,  Cache  County,  vice  Jos. 
Howell. 

The  Election  Committee  reportal  an  abstract  of  the  returns  of  the 
election  held  May  22d,  as  follows: 

Returns  of  the  election  in  the  several  counties  of  Utah  Territory,  held 
May  22d,  1882,  for  the  ratification  or  rejection  of  the  Constitution  of  the 
State  of  Utah: 


iRARY 


COUNTIES.      CONSTITUTION,    YES.      CONSTITUTION,  NO.      TOTAL. 


Beaver, 

559 

73 

632 

Box  Elder, 

1485 

34 

1519 

Cache, 

3113 

3113 

Davis, 

1240 

5 

1245 

Emery, 

200 

. 

200 

Garfield, 

314       . 

314 

Iron, 

459 

2 

461 

Juab, 

733 

28 

761 

Kane, 

757 

1 

758 

Millard, 

792 

792 

Morgan, 

374 

2 

376 

Piute, 

182 

33 

215 

Rich, 

208 

208 

Salt  Lake, 

5358 

16 

5374 

Sanpete, 

2646 

12 

2658 

Sevier, 

872 

872 

Summit, 

697 

1 

698 

Tooele, 

650 

75 

725 

Utah, 

4089 

23 

4112 

Wasatch, 

430 

1 

431 

Washington, 

710 

184 

894 

Weber, 

1946 

8 

1954 

Total,   27814 


498 


28312 


36 


Territory  of  Utah. 


Count}^  of  Salt  Lake,  ) 

We  the  undei-signed  hereby  certify  that  the  foregoing  is  a  correct 
abstract  of  returns  of  election  held  in  the  several  counties  of  Utah  Terri- 
tory on  May  22,  1882,  for  the  ratification  or  rejection  of  the  Constitution  of 
the  State  of  Utah. 

Witness  our  hands  this  fifth  day  of  June,  A.  D.  1882. 

Joseph  F.  Smith, 
President  of  Constitutioyial  Convention. 

Arthur  Stayner, 
Secretary  of  Constitvtional  Convention. 
E.  Smith, 
Probate  Judge  of  Salt  Lake  County. 
Report  accepted. 
Mr.  D.  H.  Wells  presented  the  following: 

I  move  that,  as  the  Constitution  has  been  adopted  by  so  large  anafiirm- 
ative  vote,  that  a  committee  of  seven  be  appointed  by  the  Chair  to  nom- 
inate delegates  to  take  the  Memorial  and  Constitution  to  Congress  and 
apply  for  admission  of  the  State  of  Utah  into  the  Union- 
Carried. 

The  President  appointed  the  following  nominating  committee:  Messrs. 
Daniel  H.  Wells,  A.  0.  Smoot,  L.  John  Nuttall,  Geo.  W.  Thatcher,  F.  A. 
Hammond,  Edwin  G.  WooUey,  Mrs.  Emmeline  B.  Wells. 

The  Committee  on  Memorial  reported  their  labors  and  accompanying 
Memorial. 

Eeport  accepted  and  the  Memorial  laid  over  until  to-morrow. 

The  President  reported  that  three  engrossed  copies  of  the  Constitution 
were  prepared  ready  for  the  signatures  of  the  delegates. 

After  the  signing  by  the  delegates  present,  the  Convention  adjourned 
until  Wednesday  at  10  o'clock  a.  m. 

Benediction  by  Mr.  A.  0.  Smoot. 


I 


37 


ELEVENTH  DAY. 

Wednesday,  June  7. 
10  A.  M. 

President  in  the  chair. 

Roll  called — quorum  present. 

Prayer  by  Mr.  Boyle. 

Communications  were  received  from  Messrs.  Clufi'  and  Atkin,  of  Sum- 
mit and  Tooele  Counties,  stating  that  they  were  unavoidably  detained  from 
attendance,  and,  on  motion  of  Mr.  Caine  they  were  excused. 

.    The  Memorial  reported  by  the  Committee  yesterday  was  taken  up, 
amended  and  adopted. 

The  President  reported  that  two  thousand  copies  of  the  Constitution 
pamphlet  had  been  printed  and  distributed,  and  that  the  remaining  three 
thousand  copies  oi-dered  would  be  made  more  complete  by  the  addition  of 
the  Legislative  Resolution  calling  the  Convention,  the  Memorial  and  the 
proceedings  of  the  present  session  of  the  Convention,  before  distribution. 

Report  approved. 

The  Committee  on  Nominations  submitted  the  following  report: 

Mr.  President  and  Members  of  the  Convention: 

Your  Committee  on  Nominations  beg  leave  to  recommend  that  seven 
delegates  be  chosen  to  present  the  Memorial  and  Constitution  to  Congress, 
and  respectfully  place  the  following  names  in  nominatien  for  said  delegates: 

Wm.  H.  Hooper,  Salt  Lake  County. 

John  T.  Caine,  '' 

James  Sharp,  *' 

W.  W.  Riter,  .*  • 

F.  S.  Richards,  Weber  County. 

D.  H.  Peery, 

W.  D.  Johnson,  Jr.,  Kane  County. 

Respectfully, 

D.  H.  Wells, 
Chairman  of  Committee, 
Salt  Lake  City,  June  7th,  1882. 

Report  ac(!epted,  and  the  gentlemen  nominated  by  the  Committee 
were  appointed  by  the  unanimous  vote  of  the  Convention. 

Mr.  Penrose  moved  that  the  delegates  be  instructed  to  proceed  to 
Washington  in  time  to  present  the  Memorial  and  Constitution  to  Congress 
at  its  present  session,  and  take  such  measures  as  in  their  judgment  are  best 
calculated  to  effect  the  object  in  view.     Carried. 


38 

Mr.  Boyer  moved  that  when  the  Convention  adjourn,  it  be  to  meet 
on  Monday,  October  9,  at  2  o'clock  p.  m.,  at  this  place,  unless  sooner* 
called  by  the  President.     Carried. 

The  Journal  was  read  and  approved. 

On  motion  of  Mr.  Caine,  at  12:45  p.  m.,  the  Convention  adjourned. 

Benediction  by  Mr.  D.  H.  Wells. 


MEMORIAL. 


To  the  Honorable  the  Senate  and  House  of  Bepresentatives  of  the 
United  States,  in  Congress- assembled: 

Gentlemen — The  citizens  of  the  United  States  in  the 
Territory  of  Utah,  through  their  delegates  in  Convention, 
respectfully  present  this  Memorial,  asking  for  their  ad- 
mission into  the  Federal  Union  as  a  free  and  sovereign  State, 
on  the  same^  footing  as  the  other  States,  under  the  name 
of  the  State  of  Utah;  and  herewith  submit  the  Constitution 
which  they  have  adopted. 

When  the  people  who  opened  this  vast  region  to  civiliza- 
tion, and  rendered  possible  its  settlement  by  the  advanced 
races,'first  planted  their  feet  upon  the  virgin  soil  of  these 
valleys,  it  was  part  of  the  domain  of  the  Republic  of  Mexico; 
five  hundred  of  their  stalwart  men  were  in  the  field  aiding 
in  the  war  with  that  Power,  and  they  occupied  this  part  of 
the  country  as  loyal  citizens  of^the  United  States,  and,  unfurl- 
ing its  flag  to  the  mountain  breeze,  proceeded  to  organize 
a  provisional  government,  preparatory  to  becoming  a  part  of  the 
Federal  Union.  When,  by  the  treaty  of  Guadalupe  Hidalgo, 
this  portion  of  Mexico  was  ceded  to  the  United  States,  they 
sought  at  once,  by  proper  means,  to  secure  the  rights  and 
privileges  of  statehood.  California,  the  settlement  of  which 
by  citizens  of  the  United  States  was  largely  due  to  the  people 
of  this  Territory,  made  application  at  the  same  time  as  they^ 
for  admission  into  the  Union,  and  was  successful.  To  Utah 
was  granted  a  territorial  form  of  government.  For  thirty- 
two  years,  the  citizens  of  this  Territory  haye  been  kept  out  of 


40 

the  Union,  and  under  the  disadvantages  of  a  system,  which , 
in  many  respects,  is  foreign  to  the  principles  of  democratic 
republicanism.  They  now,  for  the  fourth  tirae,  approach 
your  Honorable  Body,  with  their  respectful  petition  for  that 
republican  form  of  government  which  Congress  is  required 
by  the  Constitution^  to  guarantee  to  every  State  in  the  Union. 

And  they  submit  that  Utah  has  outgrown  the  conditions, 
if  they  ever  existed,  which  justified  the  establishment  of  that 
imperfect  political  system  which  has  been  so  long  continued. 
Her  population  numbers  at  least  150,000  souls.  Her  agricul- 
tural, stockraising,  manufacturing,  mineral  and  other  resour- 
ces and  industries,  are  of  such  magnitude  that  she  is  abun- 
dantly able  to  bear  the  burdens  and  meet  the  expenses 
involved  in  independent  statehood.  Her  cities,  towns  and 
villages  exhibit  all  the  marks  of  thrift,  prosperity  and  order 
that  indicate  capacities  for  self-government.  Unaided  by 
any  extraneous  assistance,  schools  for  the  education  of  her 
children  flourish  in  every  settlement  within  her  borders- 
The  local  laws  protect  life  and  property  with  more  than  com- 
mon safety,  and  extend  all  possible  liberty  to  persons  of  every 
party,  creed  and  race,  without  distinction.  Kailroads  and 
telegraph  lines  connect  her  people  with  each  other  and  with 
all  parts  of  this  great  nation,  and  they  are  familiar  with  the 
common  interests  and  public  questions  which  blend  the  vari- 
ous States  in  political  unity.  There  is  nothing  to  prevent 
Utah  from  taking  an  active  part  in  the  Federal  compact  but 
those  barriers  of  prejudice  which  have  been  built  up  chiefly 
through  misrepresentation  aided  by  unfamiliarity  with  the 
facts. 

We  further  submit  that  the  exercise  of  absolute  and  un- 
limited power  over  the  great  body  of  citizens  inhabiting  this 
Territory,  which  is  claimed  by  Congress  as  a  right,  is  anti- 
republican  in  theory,  and  most  oppressive  in  practice.  ^Ve 
have  no  voice  in  the  election  of  the  national  legislators  who, 
without  understanding  our  condition,  occasionally  make  laws 
to  govern  us,  or  of  those  authorities  who  appoint  ofiicials  to 
conduct  our  affairs.  The  Governor,  placed  over  us  Avithout 
our  consent,  has  the  power  to  render  void  all  the  acts  of  the 
Legislature  elected  by  the  people,  by  simply  withholding  his 


41 

signature  thereto.  This  absolute  veto  power  is  added  to  the 
supreme  authority  of  Congress  to  abolish  or  make  null  all  or 
any  of  our  local  laws.  The  essential  principles  of  American 
republicanism,  as  enumerated  in  the  Declaration  of  Indepen- 
dence, are  thus  grossly  violated,  and  the  people  of  Utah  are 
kept  in  a  condition  of  vassalage  alike  unworthy  of  a  free 
government,  irksome  to  those  who  are  compelled  to  endure  it, 
and  subversive  of  the  inalienable  rights  of  man. 

We  direct  the  attention  of  your  honorable  body  to  the 
pledged  word  of  the  nation,  in  the  treaty  before  mentioned, 
agreeing  that  the  people  residing  in  this  region  at  the  time  of 
its  ratification,  should  be  ''incorporated  into  the  Union  of  the 
United  States,  and  be  admitted  at  the  proper  time  to  the  en- 
joj^ment  of  all  the  rights  of  citizens  of  the  United  States  ac- 
cording to  the  principles  of  the  Constitution,  and  meanwhile 
should  be  protected  in  the  free  enjoyment  of  their  liberty  and 
property,  and  secured  in  the  free  exercise  of  their  religion 
without  restriction."  Abstaining  from  any  inquiry  as  to 
whether  these  guaranties  have  been  fulfilled  by  the  govern- 
ment in  the  case  of  Utah,  we  ask  whether  the  proper  time  has 
not  now  arrived  when  her  people  should  be  admitted  to  the 
full- rights  and  privileges  of  citizens  of  the  United  States,  the 
same  conditions  being  required  as  of  other  communities  seek- 
,ing  the  status  of  independent  statehood? 

We  present  with  confidence  the  Constitution  framed  by 
this  Convention,  and  ratified  by  the  people  of  this  Territory 
at  the  polls,  the  election  being  held  May  2 2d,  1882,  when 
27,814  ballots  were  cast  in  its  favor,  and  but  498  against  it. 
We  think  it  will  be  conceded  that  it  provides  for  the  State  of 
Utah  a  republican  form  of  government;  and  we  urge 
that  this  being  guaranteed  beyond  dispute,  the  Con. 
stitutional  requirement  is  complied  with,  and  nothing 
stands  lawfully  in  the  way  forbidding  Congress  to  authorize 
the  admission  of  Utah  into  the  Union. 

In  conclusion,  we  respectfully  suggest  that  by  granting 
what  we  believe  to  be  our  rights  under  the  Constitution  and 
the  treaty  made  with  Mexico,  benefits  will  accrue  not  only  to 
the  new  State  but  to  the  nation  at  large,  in  the  settlement  of 
questions  that  have  frequently  produced  great  and   unprofit- 


42 

ble  agitation;  in  the  addition  of  one  more  vigorous  and 
promising  commonwealth  to  the  Federal  Union;  and  in  the 
security  which  will  be  the  consequence  to  every  interest  in 
this  important  section  of  the  country  which  is  calculated  to 
add  to  the  wealth,  power  and  perpetuity  of  the  glorious 
Republic  in  which  we  desire  to  become  incorporated. 

And  as  in  duty  bound  your  memorialists  will  ever  pray. 

Adopted  in  Convention  at  Salt  Lake  City,  Utah  Territory, 
on  the  seventh  day  of  June,  A.D.  1882,  bj^  unanimous  vote, 
and  ordered  to  be  signed  by  the  President  and  Secretary. 

Joseph  F.  Smith, 

Fresideni. 


SIGNED 


Arthur  Stayner, 

Secretary. 


I 


